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  1. #1
    Forum Member MemphisE34a's Avatar
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    Default Ohio FF's Parents File Wrongful Death Suit

    Story by wlwt.com

    Posted: Thu, 11/19/2009 - 11:08 ..COLERAIN TOWNSHIP, Ohio

    --


    The family of a Colerain Township firefighter killed in the line of duty has filed a wrongful death lawsuit.

    Capt. Robin Broxterman was killed in April 2008 with firefighter Brian Schira as they battled a blaze at a home of Squirrelsnest Lane.

    Broxterman's parents sued the owners of that home, Matthew and Sharyn Cones, and the manufacturers of the radio she carried and the protective gear she wore.

    Investigators said the Motorola radio was not operating properly before a floor collapsed at the home, sending Broxterman and Schira into a basement inferno.

    The home has since been demolished, and prosecutors later ruled that the fire was caused by an electrical problem with a basement fan.

    Matthew Cones pleaded no contest to cultivating marijuana in the basement, and he was found guilty and placed on probation.


    You know this kind of stuff really aggrivates the hell out of me. Although a tragic situation, parents sueing the home owners, Motorola, and the turnout manufacturer is not going to bring their daughter back and most likely had little to do with why they died to begin with.

    Ultimately, their daughter was the OIC on the rig and much of the reason for her and her fellow firefighters demise probably was because of her own decisions or the lack there of.
    Robert Kramer
    cell #901-494-9437

    Management is making sure things are done right. Leadership is doing the right thing. The fire service needs alot more leaders and a lot less managers.

    "Everyone goes home" is the mantra for the pussification of the modern, American fire service.


    Comments made are my own. They do not represent the official position or opinion of the Fire Department or the City for which I am employed. In fact, they are normally exactly the opposite.


  2. #2
    makes good girls go bad BLSboy's Avatar
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    I can see a suit against the homeowner, but Mama /\/\?? And the TOG manufacturer?
    C'mon. Really?
    AJ, MICP, FireMedic
    Member, IACOJ.
    FTM-PTB-EGH-DTRT-RFB-KTF
    This message has been made longer, in part from a grant from the You Are a Freaking Moron Foundation.

  3. #3
    MembersZone Subscriber LVFD301's Avatar
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    Radios must work everytime, anywhere, no matter what.

    TOG must protect you from everything, including gunfire, and nuclear attack.

    If not, then of course it is their fault!

    Sheesh

  4. #4
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    It seems like standard practice for lawyers to cast their net as wide as possible to get as many pockets into the lawsuit as possible. I think that they pretty much count on people settling out just to avoid the hassle of going to court.
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  5. #5
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    this seems frivolous, especially as pointed out before, she was the officer. She was calling the shots, she had a part in what happened.


    Suing the homeowner is just wrong unless he was doing something that had a large part in the LODD. Having a part in starting the fire isn't enough, maybe I should just tell the fire dept to fight the fire from the outside if my house goes up. That way I can't be sued if one of them dies.


    The turnout gear is stupid, it provides some protection but they fell through a floor and were trapped for an extended period. What do the expect to happen?

    Radios break. did she check her equipment at the beginning of the shift?

    Its sad their daughter died, but this sue sue sue mentality is bogus.

    maybe the other firefighters family should sue her estate since she was the officer.

  6. #6
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    Quote Originally Posted by nameless View Post
    Suing the homeowner is just wrong unless he was doing something that had a large part in the LODD. Having a part in starting the fire isn't enough, maybe I should just tell the fire dept to fight the fire from the outside if my house goes up. That way I can't be sued if one of them dies.
    I can possibly agree with this since it seems (at least as far as I can tell from the article) that the fire was started by a fan in the basement that was used to grow marijuana. If the fire was a result of a crime (growing the weed) then there might be something to this, but who knows.

    Another thought: In Oklahoma any death that results from a Felony automatically will be charged as Murder. If the homeowners were charged with a felony for growing marijuana, then the death that resulted would/could have been charged as Murder. Without the weed (Felony) there would have been no fan, there would have been no fire, there would have been no death.
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  7. #7
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    Why not include the FD as well, they are the reason she was sent in with Faulty equipment nad not trained well enough to make good decisions.

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    Quote Originally Posted by ScareCrow57 View Post
    Why not include the FD as well, they are the reason she was sent in with Faulty equipment nad not trained well enough to make good decisions.
    Scarecrow, I don't know much about this, but unless you are sure of failure of dept issued equipment or know the level and competency of her training, your statement is disgraceful to her sacrifice. The case is typical legalese, sue em all' let insurance sort t out.

  9. #9
    Forum Member johnny46's Avatar
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    Part of being a firefighter is accepting the stupidity of man. We should not sue for wrongful death excepting perhaps in intentional and direct killing.

    The case should be thrown out.
    Logic and proportion have fallen sloppy dead.

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    This state doesn't allow firefighters or their families to sue due to the hazard of the profession. EMT's can. Not sure about law enforcement.

  11. #11
    Forum Member sweetpete's Avatar
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    As far as the homeowner goes, I think it's a "tough sell" trying to connect the fan to the marijuana. Just because he had marijuana growing in the basement doesn't necessarily mean the fan that caught fire had anything to do with the jane.

    I'm just saying, a good defense attorney would probably be able to fight this accusation pretty effectively.

    Either way, this Capt and FF faced a nightmare scenario and lost their lives trying to protect someone else's belongings. They deserve our respect and their families deserve our support (perhaps not with the legal stuff, but at least with the emotional stuff)

    I have 2 daughters myself (5 and 3 yrs old) and I know that I would be out of my mind with stupid thinking if anything happened to them, especially in the line of duty. So, I can appreciate where her parents are coming from.

    When you become a parent, you remain one until death....your's or your child's.

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    I predict the parents will end up with more heartache than they have today. They're actions will publicize issues with their daughters decisions and right or wrong that will be painful for all.

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    Quote Originally Posted by BryanLoader View Post
    Scarecrow, I don't know much about this, but unless you are sure of failure of dept issued equipment or know the level and competency of her training, your statement is disgraceful to her sacrifice. The case is typical legalese, sue em all' let insurance sort t out.
    It was said tongue ion cheek friend. She was doing her job. They sued the TO Gear manufacturer because the gear was "defective" among other nonsensical foolishness.

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    Quote Originally Posted by ScareCrow57 View Post
    It was said tongue ion cheek friend. She was doing her job. They sued the TO Gear manufacturer because the gear was "defective" among other nonsensical foolishness.
    OK, Scarecrow. No problem

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    Early Adopter cozmosis's Avatar
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    The fire occurred while the homeowner was committing an illegal act. I have no problem with any legal action against him -- civil, criminal or otherwise. However, suing the others is just silly.

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    Quote Originally Posted by ScareCrow57 View Post
    It was said tongue ion cheek friend. She was doing her job. They sued the TO Gear manufacturer because the gear was "defective" among other nonsensical foolishness.
    Bullcrap. Typical backpedaling after being called out.

    posted by BryanLoader
    OK, Scarecrow. No problem
    You wonder why you get associated as part of the "troika". I'll bet the "Great Educator" will chime in shortly.
    ‎"The education of a firefighter and the continued education of a firefighter is what makes "real" firefighters. Continuous skill development is the core of progressive firefighting. We learn by doing and doing it again and again, both on the training ground and the fireground."
    Lt. Ray McCormack, FDNY

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    "It seems like standard practice for lawyers to cast their net as wide as possible to get as many pockets into the lawsuit as possible."

    I said the same in a different thread and was told i didn't know what i was talking about. It is a standard tactic and it even has a name "deep pockets"

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    Forum Member snowball's Avatar
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    Quote Originally Posted by CaptainGonzo View Post
    Bullcrap. Typical backpedaling after being called out.

    posted by BryanLoader


    You wonder why you get associated as part of the "troika". I'll bet the "Great Educator" will chime in shortly.
    Trollfecta....
    IAFF

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    Quote Originally Posted by CaptainGonzo View Post
    Bullcrap. Typical backpedaling after being called out.

    posted by BryanLoader


    You wonder why you get associated as part of the "troika". I'll bet the "Great Educator" will chime in shortly.
    I'm not sure just where that came from other than your little pea brain. I called him on something that I, personally, found offensive. He explained his actions. What? Should I have spent 6 or 8 pages more calling him every name in the book? I realize that a few of you live pretty shallow and insular lives, but I could not be bothered with starting some childish name calling over an internet post. You must be some kind of a leader.

  20. #20
    Forum Member DeputyChiefGonzo's Avatar
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    Quote Originally Posted by BryanLoader View Post
    I'm not sure just where that came from other than your little pea brain. I called him on something that I, personally, found offensive. He explained his actions. What? Should I have spent 6 or 8 pages more calling him every name in the book? I realize that a few of you live pretty shallow and insular lives, but I could not be bothered with starting some childish name calling over an internet post. You must be some kind of a leader.
    Bryan.. you seem like an intelligent person. Why do you align yourself with people like Scarecrow and LA?

    Scarecrow has a history of being banned numerous times, then coming back under a new screen name. In his past incarnations, he has been BeerBoy, Beergod, CDevoe and HotTrotter.

    He knows nothing of the fire service other than what he thinks he knows.. which is nothing.

    LAFireEducator.. the man who allow a child to burn to death in a car because "it isn't his problem"... who has advocated firing someone for a traffic violation... who would let a structure burn to the ground because there is no car in the driveway, therefor it must be vacant... need I go on?

    You are judged by the company you keep. Lie down with mutts, you're going to get fleas.

    Add that to your CV...
    ‎"The education of a firefighter and the continued education of a firefighter is what makes "real" firefighters. Continuous skill development is the core of progressive firefighting. We learn by doing and doing it again and again, both on the training ground and the fireground."
    Lt. Ray McCormack, FDNY

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