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Welcome to the 2012 Leadership Development Symposium

Welcome to the 2012 Leadership Development Symposium. Speaker _________________________. JIM JUNEAU Products Liability Trial Lawyer FAMA Legal Counsel FEMSA Legal Counsel NFPA Fire Apparatus Technical Committee NFPA Technical Committee on Ambulances

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Welcome to the 2012 Leadership Development Symposium

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  1. Welcome to the 2012 Leadership Development Symposium

  2. Speaker_________________________ JIM JUNEAU Products Liability Trial Lawyer FAMA Legal Counsel FEMSA Legal Counsel NFPA Fire Apparatus Technical Committee NFPA Technical Committee on Ambulances JUNEAU, BOLL, STACY & UCHEREK, PLLC A T T O R N E Y S & C O U N S E L O R S D A L L A S, T E X A S ( 9 7 2 ) 8 6 6 – 8 3 3 3

  3. Scope of the Problem • MVAs – 2nd leading cause of FF LODDS (behind heart attacks) !! • About 15,000 fire apparatus accidents each year !! • About 5,500 “lost time” FF injuries each year !! • Estimated Annual Cost in U.S. = $7-8 BILLION !!

  4. USFA Fatality Statistics • Last year (2011), good news… • 81 TOTAL U.S. Firefighter LODDs • 4th consecutive year of total LODD decline. • Lowest LODD total in past 15 years. • 2011 LODD Statistical Breakout… • 48 LODDs (59%) Heart Attack / CVA • But only 3 LODDs (4%) from MVAs! • Dramatic reduction in MVA related LODDs in past 3 years!

  5. USFA Fatality Statistics FF LODDs – Responding/Returning • 2002 26/102 26% • 2003 29/107 27% • 2004 22/117 19% • 2005 26/115 22% • 2006 24/104 23% • 2007 26/115 22% • 2008 24/118 21% • 2009 16/93 17% • 2010 16/87 18% • 2011 3/81 4%

  6. ACCOUNTABILITY

  7. Fire/EMSLaw School • THE LAW • THE STANDARDS OF CARE • THE REAL WORLD

  8. THE LAW

  9. The Law • You are always personally responsible for your own conduct. • Sometimes you can also be held personallyresponsible for the conduct of others under your control.

  10. The Law • Employers are also held responsible for their employees’ conduct, when acting in the course and scope of their duties. • All can be held jointly & severally liable at the same time, in the same case, for the same injury!

  11. The Law • NEGLIGENCE Failing to act as a reasonable person would have acted, under similar circumstances. • JURIESDETERMINE WHAT IS REASONABLE AND WHAT IS NOT!

  12. The Law • 1. Do you find from a preponderance of the evidence that the negligence of any of the following was a proximate cause of the occurrence in question? Answer Y or N. • Vinnie Victim _____ • Freddie Fireman _____ • Danny Driver _____ • Marvin Mechanic _____ • Chief Careless _____ • City of Dimview _____

  13. The Law • 2. What percentage of responsibility do you attribute to the conduct of each of the following persons? Total must equal 100%. • Vinnie Victim _____ • Freddie Fireman _____ • Danny Driver _____ • Marvin Mechanic _____ • Chief Careless _____ • City of Dimview _____ 100%

  14. The Law • 3. What sum of money if paid now, in cash, would fairly and adequately compensate VINNY VICTIM for the damages sustained as a result of the occurrence in question: • Medical Expenses (Past) $___________ • Medical Expenses (Future) $___________ • Lost Wages (Past) $___________ • Lost Future Earning Capacity $___________ • Physical Pain and Mental Anguish $___________ • Physical Impairment $___________ • Disfigurement $___________ • Loss of Consortium $___________ • Lost Enjoyment of Life $___________ • Punitive/Exemplary Damages $___________

  15. The Law • If they put a “YES” by your name in response to the first question… The rest of it is a DOWNHILL RIDE!

  16. STANDARDS OF CARE

  17. Standards of Care • How would a jury know what conduct is reasonable? • City or Department’s own Policies & Procedures. • Nationally Recognized Standards. • Learned Publications & Peer Reviewed Articles. • Expert Witness Testimony. • Their Own Common Sense.

  18. Standards of Care • Your own Policies & Procedures define the limits of your official discretion. • Nat’l Std’s – may be voluntary but… • Many states require compliance by law. • In Court – National Standards RULE!

  19. Graduation

  20. THE REAL WORLD

  21. The Real World

  22. The Real World JUDGMENT CALLS: • What is the benefit of my actions ? • What is the risk ? • Is it worth it ?

  23. The Real World

  24. The Real World • If you want to get into BIG TROUBLE fast – • -- just bust through an intersection. • “Statutory authority to disregard traffic laws does not relieve the operator of the obligation to drive with due regard for the welfare and safety of others !”

  25. The Real World

  26. The Real World • Johnston, RI Engine 3 enters intersection against red light in response to box alarm • Broadsides car that entered intersection on green light • 11 yo child passenger killed. 3 belted FFs uninjured.

  27. The Real World • Engine driver relied on opticom system to capture intersection. • “You didn’t hear the truck slow down or tires screech before the impact. The fire truck just plowed into that car. It just didn’t stop.” • Call was “false alarm” • We can’t just crawl to calls we are unsure about. We have to assume every call is a real emergency!

  28. The Real World • Baltimore Truck 27 is 3rd of 4 BFD apparatus responding to “smoke” call. • 3:00 a.m. – 47 MPH through intersection RED light -- 8 seconds behind medic unit. • Collided with Nissan SUV that had entered the intersection on a GREEN light. • Truck traveled another 100’ & went off-road into landscaped embankment.

  29. The Real World • 4 FFs on Truck 27 treated & released w/minor injuries. • 3 civilian occupants of SUV were all killed instantly. • BFD policy requiresFULLSTOP at all negative ROW intersections. • FF Driver charged w/ negligent homicide & fired.

  30. The Real World • FF Driver w/BFD for 3 years – new to driving fire trucks. • BFD statement to media: • “[Driver’s] inexperience with that vehicle was not likely a factor in the crash because the truck was not making a sharp turn.” • HUH? • What about excessive SPEED ? • What about FULL STOP policy ? • What about exercising DUE CARE for safety of others ?

  31. The Real World

  32. The Real World

  33. The Real World • Fairfield, OH ladder truck sped through RED light without stopping • Collided w/ passenger vehicle in intersection • 73 year-old civilian grandmother killed

  34. The Real World • Criminal Charges Filed • Felony Vehicular Manslaughter • Failing to Exercise Due Care in Public Vehicle • FF & Department will face civil liability too!

  35. The Real World • Criminal Charges? • Ellendale, DE FF charged w/ Negligent Homicide in death of citizen motorist • Driving engine to alarm – slowed, but did not stop, before entering negative ROW intersection • Collided with SUV & killed 84 yo local business owner

  36. The Real World • More Criminal Charges? • A Grand Traverse, MI FF charged w/ Negligent Homicide in collision death of 28 yo mother and her 11 mo old son • Calif. USFS wildland Fire Boss charged with Involuntary Manslaughter in deaths of 4 FFs when he failed to recall crew, allowing their escape path to be cut-off • Tucson, AZ FF/Engineer charged w/ Negligent Operation & Failure to Control Speed after entering negative ROW intersection, swerving to avoid vehicle, & rolling engine • Leland, NC FF charged w/ Failure to Yield & Equipment Violations after entering intersection without stopping, colliding w/ pickup, sending 4 civilians to hospital

  37. The Real World • Prince Georges Co., MD FF charged w/ Negligent Operation & Speeding when apparatus struck & killed woman and young son in intersection. • New Dundee, Canada FF charged with Negligent Homicide & Reckless Operation after striking citizen who was assisting victims at scene of another crash. • Las Vegas, NV FF charged with Reckless Operation & Speeding in single-vehicle ladder truck rollover that rendered his Captain a quadriplegic. • Kennett, MO FF charged w/ 2 counts of Involuntary Manslaughter for failing to stop at stop sign, causing death of his patient and the other driver.

  38. The Real World • New Dundee, ON – 25yo FF sentenced to 6 months house arrest, license revocation & 3 years probation after approaching accident scene at 72mph & fatally injuring bystander when he couldn’t stop in time. (Caught speeding again 2 weeks before his trial.) • Union, NC – 41yo FF cited for passing in no-passing zone & vehicular homicide after colliding w/left-turning citizen vehicle while passing a line of cars enroute Code 3 to medical call. 76yo grandmother, returning from church, died instantly in her own driveway. • Portage Fire Dist., OH – 41yo FF charged w/2 counts of manslaughter & vehicular assault after colliding with citizen vehicle at 98mph enroute Code 3 to structure fire. 2 citizens killed. Could receive 7 years in prison.

  39. The Real World • Some Jail Time too ! • Ava, MO FF sentenced to 3 years in prison for Voluntary Manslaughter after striking another vehicle head-on while speeding to a brush fire, killing the driver. • Houston, TX FF sentenced for Negligent Homicide for killing a 40yo mother of 5 in an intersection collision while speeding to a brush fire: • 30 days in jail immediately, plus • Christmas Day in jail for 6 years, plus • Victim’s birthday in jail for 6 years, plus • 6 years probation • Bathurst, New Brunswick FF gets 18 months house arrest & 3 year DL suspension for running red light during code 3 run, killing teenager.

  40. The Real World • And Civil Liability Too? • Memphis, TN – FF/medics sued for $33 million when EMS unit left roadway and struck tree killing patient. Victim’s husband, following behind, saw accident. • Grand Traverse, MI – Fire Dept. pays $2.2 million to man whose wife & infant child were killed in intersection collision w/ fire truck • Virginia Beach, VA – Apparatus driver sued for $5.5 million by family of man killed when engine crossed center stripe to avoid traffic & collided head-on. • Queens, NY – Father recovers $3 million from FDNY for the death of his 3yo son struck by speeding ambulance responding wrong way on one-way street. • Waterbury, CT – 2 FF/drivers sue each other for injuries sustained in intersection collision between 2 pumpers that killed Capt.

  41. The Real World • Louisville, KY - EMS driver sentenced to 10 years in prison for driving ambulance while high on methadone, causing an accident in which the patient was killed & her EMT/partner was injured. • Call was initially to transport a non-emergency female patient with uncontrolled nosebleed to the hospital ER.

  42. The Real World • Ambulance left roadway, struck & severed utility pole, crossed drainage ditch, crossed adjacent street, crossed another drainage ditch, hit earthen berm, went through chain link fence & finally stopped in a yard. • EMT/Driver plead guilty to 2nd degree manslaughter, assault, reckless endangerment, criminal mischief & DUI. • Eyewitness driving behind EMS unit said that ambulance had been swerving severely for at least ½ mile before the accident.

  43. The Real World • Driver had bad driving history & had rec’d 19 new pain med. prescriptions in past year. • Earlier during call, her EMT/partner texted the on-duty EMS supervisor: EMT: “You should see her. She’s loopy!” SUP: “OK to drive?” EMT: “Her? No.” SUP: “Turn off lights/siren & proceed Code 1.” • Supervisor started action to take EMS unit out of service, but accident occurred first.

  44. The Real World • Unbelievable? • Every year, 5-10 U.S. apparatus incidents involve an intoxicated firefighter-operator! • INTOXICANTS AND EMERGENCY SERVICE DON’T MIX - EVER!

  45. The Real World JUDGMENT: • Is it worth losing your job over? • Is it worth losing your freedom over? • Is it worth losing your savings over? • Is it worth losing your life over?

  46. An Animal Rescue Story

  47. An Animal Rescue Story

  48. An Animal Rescue Story

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