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$3.2 million death settlement in Chicago

The City of Chicago just settled a wrongful death case for $3.2 million. The suit resulted from a defibrillator failure that was attributed to the fact that the batteries were not replaced every 2 years as recommended by the manufacturer. The patient died despite CPR being initiated almost immediately by his son, an off-duty firefighter.

The case raises a number of interesting issues:

1. Could the City have been found liable at trial in the absence of proof that "but for" the dated batteries, the decedent would have survived?
2. Does the City have immunity?
3. Did the City owe the decedent a duty to act, and if so was it a public duty or a special duty?

The settlement means none of these issues will be explored, but the case raises another important issue: What is the duty of other fire apparatus that do not even have defibrillators?

West Virginia State Fire Marshal Orders FD Closed

The State Fire Marshall for West Virginia issued an order shutting down the operations of the Coal City Volunteer Fire Department on September 2, 2009 for 90 days. Citing financial irregularities that led to the lack of workers compensation insurance, the SFM said if the problems are not rectified, he will permanently close the department.

An interesting consideration: does the state fire marshal in your state have the authority to shut down a fire department? In most states, the legal authority is not all that clear. Take a look at Chapter 3 in FOLH.

Baltimore Police Demands End to Firefighter Parity Clause

The Baltimore police union has filed suit to have the parity provision in the firefighters contract declared illegal. An interesting labor law issue, many states consider partity provisions to be illegal because it infringes on the rights of unions to bargain collectively. Other states permit parity provisions. Chapter 11 in FOLH addresses this issue.

Montana Supreme Court Overturns Age Limit for Recruit Firefighters

The Montana Supreme Court struck down a state law requiring firefighters to be 34 or younger when hired, finding it to be in violation of the state's constitution. The decision was issued Tuesday, August 11, 2009.

LA Settlements total $8 million

The City of Los Angeles recently settled discrimination cases with two firefighters, totaling $8 million.

Long Awaited New Haven Decision Issued by USSC

The long awaited decision in the New Haven promotion discrimination case was issued yesterday, June 29, 2009, and ruled that the fire department was not justified in throwing out the results of an otherwise valid examination process simply because the results did not provide the racial make-up hoped for. No doubt there will be a number of opinions on this decision. Here is one from the NY Times.