Notice of Claim Filed Over 1935 Death of FDNY Firefighter

Sept. 21, 2017
Thomas O'Brien's family wants the FDNY to recognize his passing as a line-of-duty death.

The family of an FDNY firefighter who died following a two-alarm fire in 1935 want his record to show that he died in the line of duty.

Thomas O'Brien's family filed a notice of claim to sue New York City last week, according to the Daily News. They want to the city to reverse their decision and add his name to the fire department's memorial wall.

O'Brien's family believes that he suffered a life-ending head injury after battling a two-alarm fire on Oct. 27, 1935. He was found dead in his bunk at Engine 3's station in Lower Manhattan after the fire.

An autopsy showed that O'Brien suffered a fractured skull and lacerations of the brain.

It also discovered a pint of “brownish content” in O'Brien's stomach. It's believed that was it was alcohol he consumed to dull the pain, the newspaper reports.

Edward McCarty, the lawyer for the O'Brien's, said the FDNY is “putting off the truth. And when you put off the truth, courts are not going to stand for that, even for 82 years.”

“I just want him recognized,” his grandson, Arthur O'Brien, told the newspaper. “This is not a money issue.” 

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