Maine Fire Department Sued For Letting Building Burn Down

A business owner in Maine has filed suit against a fire department alleging that it intentionally allowed his business to burn down… And if this sounds like the story you read last week – IT’s NOT!!!!

Cecil A. Fogg filed suit against the Town of Owls Head, the Owls Head Volunteer Fire Department, and Fire Chief Frank Ross claiming that his auto repair shop, Frankie’s Garage, was allowed to burn because Chief Ross harbored a two-decades old grudge against him. The grudge allegedly arose over a 1996 accident between Chief Ross and Fogg.

The suit was filed yesterday in Knox County Superior Court and seeks over $400,000 in damages. The fire occurred February 10, 2013 and began in a waste oil furnace in the garage. Fogg claims the chief was first to arrive and left a door open that allowed the fire to spread faster. He also claims the chief made reference to the 1996 accident as the fire was burning.

Owls Head, Maine is roughly two hours from Tremont, Maine, the venue for a remarkably similar suit filed by the owners of a restaurant against their fire department. Here is a link to that story from last week.

More on the Owls Head suit.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 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. 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.
x

Check Also

Massachusetts Fire Department Settles FLSA Lawsuit for $101k

The Town of Brookline has agreed to settle a class action lawsuit that alleged that firefighter overtime was not being paid in accordance with the FLSA. The federal lawsuit was filed last year by two fire lieutenants, Brian Bergeron and Paul Trahon, who also happened to be union officers for IAFF Local 950.

Maryland Firefighter Alleges Disability Discrimination

A Maryland firefighter has filed suit alleging the department failed to accommodate his disability by allowing him to remain assigned to a station with a low call volume. Mark Levy filed suit against Howard County and Howard County Fire & Rescue, alleging violations of the ADA and the Maryland Fair Employment Practice Act.