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Police Fire Wars Continue
There has been another skirmish in the Police-Fire Wars, the battle over who is in charge at emergency scenes. This time the skirmish occurred in a most unlikely place: California, the birth place of ICS, the system that was supposed to solve these types of territorial disputes. On February 15, 2010, Presidents day, a Montecito Fire Protection District battalion chief was handcuffed and arrested by a California Highway Patrol officer at an accident scene on a crowded highway. The officer apparently took offense that the chief refused to move fire apparatus to allow traffic to flow more freely. This exact…
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Black Sunday: What’s the Big Fuss? It was Just a Fire!
The Black Sunday fire occurred on January 23, 2005, a tragic day in a tragic decade for FDNY. Six firefighters were force to jump from the top floor of an apartment building on East 178th Street. Miraculously only two firefighters were killed, as the 50 foot fall had the potential to take all six lives. The other four trapped firefighters suffered broken bones and disabling injuries. There were a long list of contributing factors that led to the fire extending up and trapping the six members, too many to list all here. The fire started on the floor below the…
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GE Microwave Linked to Kitchen Fires
Here's an interesting video addressing a products liability concern with GE microwave ovens starting fires even though they are not in use at the time.
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Another Lawsuit Looms for Westbrook
The Westbrook, Maine Fire Department has seen its share of legal battles over the past 15 years, and it would seem that another one is on the horizon. Former Fire Chief Daniel Brock, in office only a year, was let go immediately upon newly elected Mayor Colleen Hilton’s inauguration on January 15, 2010. Brock had been brought in from the outside to help clean up a department in turmoil, but the new mayor wanted her own man. She promptly appointed the police chief to serve as acting fire chief. However, Chief Brock obtained legal counsel, and a quick check of…
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Brenda Lee’s $6.2 Million Verdict Overturned!!!
The California Court of Appeals, 2nd District, yesterday reversed one of the most celebrated fire service discrimination cases of the decade. LA City Firefighter Brenda Lee claimed she was harassed and discriminated against based on her race, gender and sexual orientation. She obtained a $6.2 million jury verdict in 2007. The court ruling handed down on Thursday, February 18, 2010, held that Lee failed to pursue administrative remedies available to her. Lee’s law suit was one of a number of law suits against LA City FD that led one publication to issue the headline “Lawsuit Sweepstakes at LAFD”. Additional details.
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State Sues Fire Protection District Over Tax Ceiling
The state of Missouri has filed suit against the Mehlville Fire Protection District over problems with the district’s tax rate. The suit, filed by Attorney General Chris Koster on February 8, 2010 in St. Louis County Circuit Court, challenges whether Mehlville collected more in property taxes than state law permits. In April, 2009 the District’s voters passed a measure to lower the tax ceiling by 36 cents per $100 of assessed property, from 74 cents per $100 of assessed valuation to 38 cents. The measure was hotly contested, with Board Chairman Aaron Hilmer strongly advocating the cut, and prevailing in…
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Rockingham NC Overtime Suit Settled – $167k
In March 2009, ten Rockingham, North Carolina firefighters, all members of IAFF Local 4702, filed suit against the city of Rockingham alleging overtime pay issues and violations of Fair Standards Labor Act. The same ten firefighters were responsible for creating Local 4702 on October 1, 2008, and have since claimed to have been subjected to retaliatory discipline by the city administration. Among other things, the case involved the right of off duty personnel to be compensated for being on-call, and subject to a strict immediate return to duty policy if needed for an alarm. After the suit was filed, it was amended to…
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Sexual Assault and the Scope of Employment for Firefighters
Which of the following seems out of place: porn star costume party, on-duty firefighters, alcohol, and sexual assault. Unfortunately those four terms all came together in Sacramento, California on July 2, 2004. In the aftermath of this and several similar escapades, 24 firefighters were disciplined, two resigned, and a protracted civil suit was filed against two firefighters and the Sacramento Fire Department by the woman who alleged the sexual assault. In a decision issued on August 31, 2009, the California Court of Appeals refused to hold the City of Sacramento liable for the conduct of the on-duty firefighters. The court…
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Public Records Law Versus Firefighter Bill of Rights
A recent case involving the Anderson Fire Protection District, in California points out the challenges that sometimes occur when complying with open records laws. In May, 2009, the district board placed the fire chief on leave while it investigated allegations of misconduct. The board hired a former police chief in Anderson to conduct the investigation, which resulted in a 1,000 page report that cost the taxpayers a whopping $41,000 to prepare. The fire chief ended up resigning on July 1, 2009, but according to the Record Searchlight, neither the chief nor the board were forthcoming about the investigation. The newspaper…
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Atlanta Firefighters Disciplined for Failing to Fully Assess Shooting Victim
The Atlanta Fire Department disciplined three firefighters last week for their role at a shooting in December, 2009. The firefighters were charged with failing to properly assess the condition of a mortally wounded store clerk before assuming he was dead. If video does not play, click here to go directly to Ch11 News.
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Tragedy in Houston Ends with Modest Settlement
On March 30, 2009, Leigh Boone was standing at a street corner with her bicycle, when a Houston Fire Department ladder truck responding to an alarm collided with an engine company, and within a split second rolled on top of her. She died from her injuries two weeks later on April 11, 2009. She was 29 years old. Boone’s estate filed suit against the Houston Fire Department for wrong death, and in particular cited the competitive manner in which fire stations rush to incident scenes as a contributing factor in the accident. A total of 11 people were injured in…
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$40 Million Paid to Family of Deceased St. Louis Firefighter
Associated Press is reporting that the family of deceased St. Louis firefighter Derek Martin has finally received the money they were awarded by a jury in 2007, bringing to a close their suit against Survivair Respirators and its parent company, Bacou-Dalloz. Martin was killed on May 3, 2002 at a fire that also claimed the life of firefighter Robert Morrison. The jury’s original verdict was $27 million, but was appealed to the Missouri Court of Appeals. After Survivair lost the appeal, the accrued interest brought to grand total to $40.4 million.
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Fire Victim Files Claim Against New York
One of four survivors of a fatal apartment fire in Queens last November, has filed a claim against the city alleging that a dispatching error contributed to his burn injuries. Shafin Ahhamed has incurred over $50,000 in medical bills for treatment of his injuries. The November 7, 2009 fire claimed the lives of three Bangladeshi nationals, and seriously injured several others. The dispatching error was attributed to a typo sending units to 62nd Steet instead of 65th Street. Ahhamed’s is claiming the mistake led to a 15 minute delay, while FDNY reports indicate the mistake was promptly discovered resulting in…
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