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Baltimore City Fire and Instructors Face $35 Million Lawsuit in Death of Recruit
The family of a Baltimore City recruit firefighter who died in a training fire on February 9, 2007, have filed suit against the city and several fire officers for $35 million. Racheal M. Wilson, age 29 and the mother of two, died from asphyxiation and burns following the live burn exercise conducted in an acquired structure. Investigations of the incident have revealed numerous safety violations that occurred during the training, leading to the termination of three members of the training academy staff. All three were named in the lawsuit. The NIOSH fatality report on the incident was recently released, and…
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Wrongful Death Suit Filed Against Attala County Fire in Strange Tragedy
The Attala County, Mississippi Fire Department is being sued for wrongful death in a strange case that resulted in the tragic death of an 18 year old college student, apparently run over by a fire truck dispatched to help him. Benjamin Russell was driving home from East Holmes Community College on April 13th, 2009 in his 1999 Ford Explorer when he swerved to avoid a deer and struck a tree. The accident deployed the vehicle's air bag, knocking the wind out of him. He called his father, who in turn called the fire department. The Russell family alleges that one of…
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Justice Prevails in Leadville: Deputy Sheriff Charged with Obstructing Firefighters
The continuing struggle for control between law enforcement and firefighters took an important turn this week in Colorado, as criminal charges that were filed against a Leadville Fire Captain were dropped, and criminal charges against a Lake County Deputy Sheriff were instituted. The unfortunate situation arose on March 27, 2010, when an ambulance was called to the county jail, and firefighters also responded to assist. The deputy ordered the firefighters to leave without examining the patient, and when they refused, the captain was arrested, handcuffed, and placed in a cell. The charge was "obstruction of a governmental operation". A subsequent…
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Two Indiana Fire Departments Battle It Out In Court
Two Indiana fire departments are engaged in a turf war over EMS responses within Clark County. The Sellersburg Volunteer Fire Department is suing Clark County and the Utica Volunteer Fire Department, alleging that county commissioners breached their agreement with Sellersburg by allowing Utica to provide EMS service in areas designated for Sellersburg. More on the story from WHAS 11:
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Rapid Intervention in 2010: Standard of Care for Fire Departments
I received an email from Aaron Mack, asking a question on rapid intervention. Chief I just started reading your book, Legal Considerations for Fire and Emergency Services. This is something I’ve needed to dig into for a while as a firefighter. One question. Pertaining the use of RIC on the fire ground, is there a document or such that states that RIC must be used at a working fire? I’ve been told by an NFA instructor that the need for RIC has “been tested in court”. My department leaders don’t believe in it but several of us have concerns on…
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Do Run Cards Have To List the Closest Mutual Aid Departments?
I received an email today from a fellow Firefighter-Attorney Tom McAneny with an interesting question, and with his permission am republishing it here From Tom: I am a licensed attorney in Pennsylvania and Captain in a large all-volunteer fire department. Our department protects a large township on the outskirts of Philadelphia with a population of about 60,000 and is comprised of 5 separate fire companies, each with its own set of chief officers who set policies for their individual companies, including run cards. As a department, we have an excellent training program, with 85% of our active members trained to…
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Undeterred by criminal charges, Fillmore fire chief sues to get job back
The former fire chief of Fillmore, California has filed suit against the city for wrongful termination despite his having been charged with three counts of grand theft and one count of embezzlement. Peter Egedi was fired him in October, 2008 after allegations surfaced that he misappropriated thousands of dollars when he was chief. He was suspended in April, 2008 pending an investigation. In August, 2009, Egedi was formally charged with four felony counts by the Ventura County District Attorney’s Office. He pled not guilty to the charges and is free on $10,000 bail. If convicted, he could face over four years…
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Twin Brothers Accused in Thefts from Martin County Fire Rescue
WPTV is reporting that twin brothers, one of whom was a firefighter, are responsible for the thefts.
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Body Missed During Search Prompts Lawsuit Against Chicago Fire
The Chicago Fire Department has been sued by the family of a man who died in a fire in 2009. The suit alleges that the failure of the firefighters to find the man during searches of the building contributed to his death. Crosby Lipscomb, a retired public school janitor, died on April 6, 2009 in the basement of a home at 3534 West Polk Street. The fire was ruled accidental and attributed to cooking. The fire department did not find Lipscomb’s body at the scene. Family members claim the fire department assured them they had done a thorough search and no one…
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Police-Fire Wars: Another Firefighter Arrested In The Line Of Duty – Leadville
The latest skirmish in the ongoing police-fire wars occurred in Leadville, Colorado on March 27, 2010, where Fire Captain Daniel Dailey was arrested and charged with "obstruction of a governmental operation". Captain Dailey of the City of Leadville Fire Department and two firefighters responded on an EMS run to the Lake County Sheriff's Office. When they arrived, county sheriffs refused to allow the crew to access to the patient, claiming they only called for an ambulance. According to the sheriff's office the deputies on duty were concerned that additional personnel might further upset the patient, a victim of domestic violence…
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Video Evidence Not Enough in Austin Sex Harassment Case
A Texas jury has ruled in favor of the Austin Fire Department in a gender discrimination case brought by a female firefighter. Firefighter Nona Allen claimed she was subjected to a hostile work environment, and produced several videos to support her case. Here is one of them: The jury rendered their verdict on Wednesday, March 31, 2010 and according to one web source concluded Allen had been harassed, and that the city knew about the harassment, but disagreed that the harassment was so severe that it affected the terms and conditions of her employment. The verdict is unusual in that most…
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Scantily Clad Women on Orlando Engine Prompts Investigation
Some Orlando firefighters have found themselves in hot water after a "concerned citizen" complained to the mayor about seeing aproximately twelve scantily clad women on a fire truck posing for pictures, kissing firefighters, spilling drinks, etc. The concerned citizen include a photo in a letter to Mayor Buddy Dyer. An investigation has been initiated.
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Old 911 Technology Alleged to have Caused 28 Minute Delay In Deadly NY Fire
On December 23, 2009, Zia Ansari lost his father and two sisters in a fire in Erie County, New York. He is now filing suit against local officials alleging that a delay in dispatching fire apparatus contributed to the outcome. The fire killed Faaiza Ansari and Saaiba Ansari, and their father, Mohammad. At 2:56 am, one of the sisters made a 911 call using a cellphone. However, it appears she was incapacitated and unable to speak. The call lasted 3 1/2 minutes, and all she could muster was a scream, but no explanation of the problem or address. "All you…
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Political Signs and Firefighters: 1st Amendment Case
A Federal Court in New Jersey last week ruled against a firefighter who claimed his department violated his 1st and 14th Amendment rights. Edison firefighter Peter Yackel parked his personal pickup truck in the parking lot of his firehouse on June 1, 2009 when he went to work. The problem was the truck bore a large political sign stating "Choi Lies! Save Public Safety In Edison." Also June 2, 2009 was election day, and Mayor Choi was seeking re-election. And city personnel rules prohibit engaging in political activities while on duty. Later that day Yackel was instructed to move the…
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