Firefighter's Death leads to Murder Charge for Reckless Driver

Maybe its me, but it seems like firefighters and police officers are being struck by vehicles at accident scenes on just about a daily basis. In a recent case in Delaware, 30 year old Michelle Smith, a volunteer firefighter in Delaware City and the Volunteer Hose Company of Middletown, was struck and killed by a speeding car while treating a patient of a motorcycle accident. The patient was also struck but is expected to survive.

The driver who struck Smith is now being charged with murder - which is rather unusual. The mental state required for murder is substantially higher than that necessary for involuntary manslaughter, or vehicular homicide. Generally to be convicted of murder, the perpetrator must have acted intentionally, knowingly, or with recklessness indicating a depraved heart. Normal recklessness will usually result in manslaughter.

It would appear that prosecutors believe they can establish that the driver, Joseph M. Taye Jr., acted with depraved heart recklessness. It will be interesting to see how the case progresses.

For more on the case click here or copy and paste this link: http://www.delawareonline.com/article/20081231/NEWS01/812310356

Murder, manslaughter and recklessness are all covered in Chapter 5 of FOHL and Legal Considerations.

Contractor Charged with Manslaughter In Fire deaths

The New York City contractor assigned to demolish the Deutsche Bank building was charged with manslaughter for the deaths of two FDNY firefighters at a fire in 2007.

More details can be found at: http://www.nydailynews.com/ny_local/2008/12/22/2008-12-22_bronx_contractor_john_galt_corp_charged_.html

Who is protected by Good Samaritan Laws?

A recent decision by the California Supreme Court has raised some eyebrows among emergency responders.

In a 4-3 decision the Supreme Court of California ruled that the 1980 Emergency Medical Service Act does not confer Good Samaritan protection to untrained citizens who stop and render aid at an emergency scene.

Here’s a news story about the ruling: http://abcnews.go.com/TheLaw/Story?id=6498405&page=1

Good Samaritan laws are covered in Chapter 9 in FOLH and Legal Considerations. What is important to keep in mind is that there is no “typical” Good Samaritan law. The California law was part of a section that addressed emergency medical services, which no doubt contributed to the court’s ruling. Many states have Good Samaritan laws that are not part of their EMS statutes, and thus are not so limited in scope as the California law in question.

Freedom of Speech vs. Fire Helmets

Can a firefighter paint his fire helmet red white and blue as a show a patriotism? If so can firefighters paint their helmets pink as part of a breast cancern awareness program? Can a firefighter of Irish descent paint his helment in the colors of his heritage? Interesting discussions have arisen over the Newton (MA) firefighter who painted his helment red, white and blue.

http://www.wickedlocal.com/newton/news/x1435864499/Newton-firefighter-with-flag-helmet-may-leave-department

http://nfpa.typepad.com/fireservicetoday/

Interesting discussion - and fully addressed in Chapter 13 of Fire Officer's Legal Handbook - www.firelaw.biz.

Houston Smoke is Pollution?

You know, people often joke about how unscrupulous lawyers are. Think of all the hilarious lawyer jokes out there with a punch line related to making that point. Well, there's a case in Houston where a lawyer (or probably a team of layers) representing an insurance company are making the case that people who died in a fire from exposure to smoke and products of combunstion - actually died from "pollution" - an exception to their insurance coverage. Is it any wonder why lawyers get a bad name!!!!!

http://www.chron.com/disp/story.mpl/headline/metro/6168688.html

http://www.chron.com/disp/story.mpl/metropolitan/falkenberg/6170596.html

Fire Department Cited by State OSHA

Virginia Department of Labor and Industry's Occupational Safety and Health recently cited the Loudoun County Department of Fire, Rescue and Emergency Management following a fire on May 25, 2008.

For an article on the citation.

A video of the fire is available here.

Chapter 4 of Legal Considerations and FOLH addresses OSHA jurisdiction over fire departments.

Firefighter charged with reporting false alarm

A New York firefighter was recently arrested and charged with calling in a false alarm in an effort allegedly directed at countering budget cuts. Here’s some links to news stories about the arrest.

http://www.nydailynews.com/ny_local/brooklyn/2008/12/11/2008-12-11_fdny_brass_say_firefighter_pulled_many_a.html

http://www.msnbc.msn.com/id/28192991/

http://wcbstv.com/local/nyc.firefighter.arrested.2.885438.html

Chiefs in the Union

Here's an interesting article on the subject of chief officers being in the firefighters union. This is an important topic that can be analyzed on many different levels. Unfortunately the conversation often gets hijacked by the agendas of politicians, city managers, taxpayers.... and occasionally even firefighters - to the detriment of the chief officers involved.

http://www.sacbee.com/city/story/1456268.html

Chapter 11 in Legal Considerations and FOLH address this important topic.

Christmas Gift for Fire Officers

Several people have contacted me recently about the availability of my books to give as Christmas presents. I have copies of both books at prices substantially less than what they are selling for on Amazon.com or Borders.com.

Legal Considerations for Fire and Emergency Services is $45.00 (signed and includes shipping).

Fire Officers Legal Handbook is $75.00 (signed and includes shipping).

Please contact me directly if you have any questions.

Happy Holidays

Curt

Recent Updates

Its been a busy year for me with many many changes - but change is good!!!! My new job with the NFPA has created a number of opportunities for me to apply my experience as a firefighter and a lawyer in a meaningful way. I wanted to cross link this blog with our new Fire Service Today blog. I'll do my best to keep both updated regularly from here on.