ApparatusCivil SuitCriminal Law

Suit Filed by PA Firefighter Injured in OUI Tanker Roll Over

It wasn’t the 30 pack that the driver of the tanker purchased enroute to a parade that led to the lawsuit. It wasn’t that the driver began drinking prior to leaving for the parade that led to the lawsuit. It wasn’t even that the driver was only 20 years old, nor that he carried the rank of Assistant Chief that led to the lawsuit.

No, it was the fact that Assistant Chief Zachary Romano rolled the North Bangor (PA) Fire Department tanker while returning from the parade severely injuring firefighter Stuart Mintz that prompted Mintz and his wife to file suit against the fire department, Fire Chief Frederick Farleigh, President Christopher Louszko, former Upper Mount Bethel Township Supervisor Ed Nelson, and Upper Mount Bethel Township.

Romano lost control of the tanker heading back to the station after the annual Tatamy Fire Parade. Police allege Romano’s blood alcohol level was .16, twice the legal limit.

Mintz claims the July 10, 2010 accident broke two of his vertebrae, tore his rotator cuff, caused a concussion, and left him battling depression and PTSD. The suit alleges the department’s leadership tolerated alcohol in the station, and that tolerance caused the accident, making them responsible for the damages.

More on the story.

Note: if anyone has a copy of the complaint please let me know!

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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