Colorado Suit Over EMS Failure Prompts Questions

A recent headline about a wrongful death lawsuit in Colorado caught my eye in part because it appeared to involve an EMS incident gone wrong and in part because it appeared to involve a hospital accused of callously closing its ER after hours without warning area residents. The truth appears to be neither. A grieving widow is certainly entitled to seek answers to her questions. I too am left with questions...

NH Chief Loses Suit to Keep Job

A fire chief in New Hampshire has lost his bid to be reinstated. Strafford County Superior Court Judge Brian Tucker concluded that the Town of New Durham was within its rights to terminate Fire Chief Peter Varney without cause back in 2014.

Idaho Fire District Sued Over Elimination of Union President’s Position

An Idaho division chief who was fired after he helped organize a union and served as it’s president, has filed suit against a fire district and its commissioners. Division Chief Timothy McDermott was fired from the Worley Fire District on November 11, 2014. His lawsuit claims that he was told his actions "irritated” the Chairman of the Board of Fire Commissioners prompting his termination.

Law School and the Fire Service

Today’s burning question: I am an active duty military firefighter and have been in the fire service for 8 years. Over the next year I'll be making the transition back to civilian life. I really want to go to law school but I also want to stay a part of the fire service. What would be the best undergraduate major for a fire service attorney that would prepare me to excel in law school? Can I remain in the fire service as an attorney? Where should I start or be at?

Oregon FD and Medics Sued Over Accident

A patient in the back of a fire department ambulance that collided with another vehicle during transport killing the other driver, has filed suit against the department, two firefighter-paramedics, and the deceased's estate. Robert Cramblit was a patient in a Eugene Springfield Fire Department ambulance on July 31, 2013, when it collided with an SUV driven by Patricia L. Morgan. Morgan was pronounced dead at the scene.

Ohio Fire Department and Firefighters Dismissed Out of Wrongful Death Suit

A federal court judge in Ohio has dismissed a fire department and four of its firefighters from a wrongful death suit filed by the family of a woman who died in a fire in 2011. Sydney Burke died in a house fire on April 9, 2011, and her family blames the Mantua-Shalersville Fire Department for her death claiming that responding personnel “failed to immediately enter the structure and attempt rescue efforts for the known victim trapped inside the residence.”

Illinois Fire Department Sued Under Dram Shop Act

An Illinois Fire Department is being sued under the state’s Dram Shop Act following an incident last March where a woman was injured at a fundraising event. Christine L. Ornelas filed suit against the Onarga Fire Department, the Onarga Community Center and Robert D. Albrecht claiming she was injured at the 2014 Onarga Fire Department’s Cash Bash.

Silver Lining to San Francisco Ladder DUI Dismissal

In a ruling that seems to have surprised the media and many firefighters, the drunk driving case against San Francisco firefighter Michael Quinn has been dismissed. Quinn was driving a ladder truck that struck and nearly killed a motorcyclist, Jack Frazier, on June 29, 2013. A security camera captured the dramatic incident.

Fire Law Podcast – Neck Injury Lawsuits And the Cairns 1044 Helmet

In this episode of Fire Law, attorney Jim Magazine discusses the five lawsuits he has filed over neck injuries to firefighters from the Cairns 1044 Helmet. The product liability suits were filed in Florida state court against MSA, the parent company for Cairns. The suits claim the helmets are defectively designed.

Illinois Fire Department Sues For Damages in Fatal Highway Accident

An Illinois fire department has filed suit against the driver and the owners of a tractor-trailer that slammed into a fire truck on I39 in 2013 killing one firefighter and injuring six. The Hudson Fire Department filed suit against the driver, Mansur Shakirov, as well as the semi's owners seeking compensation for $158,610. The accident occurred on March 5, 2013 while crews were at the scene of a prior multi-vehicle accident and claimed the life of FF Chris Brown.

Russian Firefighters’ Selfie Sparks Outrage

Two Russian firefighters are facing disciplinary action after they posed for a “selfie” at the scene of a fire that killed 17 people on March 11, 2015. Ilya Bykov, Rostislav Krylov, 28, posed for the photo at the scene of fire in Kazan in the central Russian Republic of Tatarstan...

Atlantic City Releases Video Showing Chief Dropping His Pants

It started with the fire chief of a major city being abruptly placed on administrative leave. Then came the allegations that he allegedly dropped his pants in front of a female security guard in a public building. Now comes the security video of Atlantic City Fire Chief Dennis Brooks dropping trow in a public building.

Use of Firefighter’s Photo In Sex Scandal Story Prompts Suit

A decorated Philadelphia firefighter is suing the New York Daily News claiming that in January when the paper was covering a major sex scandal in the Philadelphia Fire Department, it wrongly used his photo and name implying he was somehow involved. Francis Cheney II filed suit against the paper in Pennsylvania Court of Common Pleas on February 11, 2015. The case was removed to US District Court last week by the Daily News.

Louisiana Chief Sues Over Threats

A Louisiana fire chief who was cooperating with federal authorities looking into financial improprieties associated with the previous administration has filed suit claiming his resignation last year was actually a constructive termination. Stanley Wajda served as the fire chief of the Hahnville Volunteer Fire Department for only six months. He resigned last July after receiving numerous threats from members he claims were loyal to the past fire chief.

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Curt Varone has over 41 years of fire service experience and 29 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) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

Midtown Blogger/Manhattan Valley Follies

Tuesday, March 31, 2015

First Arriving- Fire Law with Curt Varone