LEXINGTON, KY (AP) -- The estate of a Lexington firefighter has filed a lawsuit over her death, which happened when her engine company reached a domestic violence call before police last year.
The lawsuit accuses top city officials, 911 operators and EMS dispatchers of negligence and said it contributed to the shooting death of Lt. Brenda Cowan.
The lawsuit was filed Friday in Fayette County Circuit Court. It seeks compensation for Cowan's pain and suffering, wrongful death, loss of capacity to labor and earn income, right to future benefits, damages for loss of life and medical and funeral expenses.
Cowan was killed on Feb. 13, 2004. Police say Patrick Hutchinson shot at Cowan and her crew while they tried to assist Hutchinson's wife, Fontaine, in the front yard.
Fontaine Hutchinson, 60, and Cowan, 40, died. Firefighter Jim Sandford, who has since retired, recovered from the gunshot wounds he received.
The wrongful-death lawsuit was filed by Glenn H. Cowan, executor of Cowan's estate, and names the following as defendants: the alleged shooter, Patrick Hutchinson; Lexington Mayor Teresa Isaac; Fire Chief Robert G. Hendricks; Police Chief Anthany Beatty; unknown 911 operators; unknown EMS dispatchers; and unknown emergency medical personnel.
Glenn Cowan could not be reached for comment. Attorneys for Cowan's estate did not return phone calls.
Hendricks said he received the lawsuit, but he declined to comment on the allegstions.
"I don't think anyone deserves to be sued," Hendricks said. "On the other hand, it's not terribly unusual for families to be upset or file suit when they've lost a loved one. I can't say that I'm not shocked, but I'm certainly not happy with it."
Beatty deferred comment to the city.
Bruce Edwards, Isaac's press secretary, said the mayor has received the lawsuit but would only say "it is being reviewed and we will respond in a legal, timely manner."
