Civil SuitImmunityMunicipal LiabilityNegligence

Texas Fire Department Sued Over Event-Related Injuries

A woman who was injured at a fire department-sponsored event in 2023, has filed suit against  the Everman Fire Department, the City of Everman, and a third party who owned an amusement device involved in the incident. Earlene Wilson filed suit in Tarrant County District Court earlier this week.

Wilson claims that she was struck by a “360 Double Player” car while attending an event on city property, and that the fire department, the city, and the owner of the car failed to take adequate precautions to protect event-goers. Quoting from the complaint:

  • On or about June 24, 2023, Defendants EFD and Everman jointly hosted an event called the “Celebrate America Festival” being held at Clyde Pittman Park, located at 213 North Race Street in Everman, Texas.
  • While attending the Event, a 360 Double Player (Car), owned and operated by Rollamania, collided into the Plaintiff, violently knocking her to the ground.
  • Plaintiff was transported from the scene via ambulance to Texas Health Harris Hospital in Fort Worth, where she was treated for the injuries she sustained due to the collision.
  • As the event organizers, EFD and the City of Everman are liable for the injuries caused to Plaintiff.
  • EFD and the City of Everman failed to implement proper restrictions on attendees’ use of the rolling car and otherwise failed to provide a reasonably safe environment for its invitees, namely, Plaintiff.
  • Further, as the owner and operator of the Car, Rollamania owed a duty to the Plaintiff to manage and oversee that its equipment did not pose a safety risk to the Event attendees, like the Plaintiff.
  • As a proximate result of the collision and/or incident, Plaintiff suffered injuries and damages about which they complain.

A copy of the complaint is below. Here is a YouTube video showing what the 360 Double Player car looks like.

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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