Maine Chief, Department Sued Over Garage Fire

OWLS HEAD, Maine — The fire chief of a neighboring department is prepared to testify that the Owl’s Head fire chief failed on several fronts in his response to a blaze here in 2013, according to an attorney in a civil case.

South Thomaston Fire Chief Bryan Calderwood will be an expert witness and is ready to testify if the case goes to trial, according to a memorandum filed on Nov. 26 in against the town of Owls Head, its fire chief, Frank Ross, and its volunteer fire department.

The initial lawsuit was filed in February by the garage owner, Cecil A. Fogg, and his company, Cecil A. Fogg Inc. of Owls Head.

Fogg’s attorney, Darby Urey, states that Calderwood, who has been South Thomaston’s chief since 2006 and has an associate’s degree in fire service from Southern Maine Technical College, will testify that Ross violated the standard of care in his response to the garage fire in several ways.

According to the memorandum, Ross did not take action to get more water to fight the fire, failed to give directions to mutual aid companies that responded, failed to communicate with other chiefs who responded, failed to direct his own crews, and did not take sufficient steps to protect personal property.

Calderwood responded to the fire and attended a subsequent review of firefighting efforts, according to the court filing.

Fogg is seeking more than $400,000 in damages for on the afternoon of Feb. 10, 2013, at Frankie’s Garage on Route 73 in Owls Head. The fire began in an oil waste furnace.

Ross has denied the claims made by Fogg in his lawsuit.

The town’s attorney, Edward Benjamin Jr., said Tuesday that Calderwood “is entitled to his opinions, like everyone else. That doesn’t mean he’s right just because he disagrees with the way something was done by another chief.”

Benjamin said that a decision on whether to challenge someone’s credibility as an expert witness is generally done when the case is ready to go to trial. He said he would be taking a deposition of Calderwood later this week.

A trial may still be avoided. A court-mandated mediation session has been scheduled for Dec. 17 before retired Judge John David Kennedy at the law office of Eaton Peabody in Brunswick, which is where he practices.

Fogg claims that when Ross arrived he was not in his turnout gear and went inside the building without his gear to look at the fire, and then when he left, he left the door open, which allowed the fire to spread faster. The chief also did not have the proper equipment to hook up hoses to the nearest fire hydrant. He also refused to use spray foam or set up a dunk tank to battle the blaze, according to the lawsuit.

Fogg claims in his lawsuit that the chief and he were involved in a car accident in 1996 and that unbeknownst to Fogg, Ross has held a grudge over that crash. In the lawsuit, Fogg claims that Ross said to him as the fire destroyed the garage that this was “for the accident.”

The garage has been rebuilt. Fogg said he lost equipment and classic cars and motorcycles.

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