Feb. 27—The Colorado Springs City Council approved a settlement Tuesday in a wrongful death lawsuit against a firefighter who reportedly drove over and killed a woman while responding to a fire in October 2022.
The council voted 6-2, without discussion, to approve the $160,000 settlement amount in the civil case against firefighter Wesley Cosgrove. Councilmen Dave Donelson and Mike O'Malley were the two no votes. Councilwoman Yolanda Avila was absent.
On Oct. 16, 2022, at around 2:45 p.m., Cosgrove responded to reports of a man attempting to light a fire in a tree stump in Dorchester Park south of downtown, when he allegedly drove over 76-year-old Margaret Miller, who was sleeping in the park.
According to a case summary City Attorney Wynetta Massey shared with the City Council last March, Cosgrove drove a brush truck into the park, attempting to drive around a pile of items as he approached the fire. After Cosgrove passed the items, he stopped the truck and started putting out the fire. When another person began pointing at the items, Cosgrove walked back over to them and pulled back a blanket, revealing Miller, who had been completely covered, according to the summary.
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Patricia Cadilli, Miller's daughter, filed an amended civil lawsuit in El Paso County District Court against Cosgrove on Feb. 16, 2023, alleging her mother died of her injuries. Cadilli seeks "economic and non-economic damages," according to the suit.
"This was a tragic circumstance in our community and we are always saddened at the loss of a community member. It is our duty at the Colorado Springs Fire Department to keep our community safe. We support the actions the city has taken to work through this situation," Fire Department spokeswoman Ashley Franco said in an emailed statement.
Cosgrove pleaded guilty Feb. 6, 2023, to careless driving. He was sentenced to a $150 traffic fine and other court costs, and given one year of unsupervised probation and 100 hours of community service. Cosgrove was never placed on administrative leave as a result of the incident and he retired from the department in June, Franco said.
Attorneys for Cadilli did not immediately respond Tuesday to The Gazette's request for comment.
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