Free Consultation

Office Locations

The Cochran Firm Legal Blog

With Office Locations Nationwide

Wednesday, October 28, 2009

$12.7 Million Awarded in Premises Liability Trial

On October 22, a Seattle firefighter was awarded $12.7 million for catastrophic injuries sustained when he fell down a pole shaft. Mark Jones was a former deputy sheriff, a member of the Honor Guard, and an enthusiastic outdoorsman. He was working a night shift at a fire station not his usual one, and woke about 3 a.m. in his second-floor bunk to go to the bathroom.

In the dark, he opened the door to the fire pole instead of the bathroom door. Both were on the same wall about six feet apart. There should have been a safety light over the fire pole door, but it had burned out. There should also have been a chain across the opening but it was not latched.

Jones fell about 18 feet to the first floor, sustaining ten broken ribs, many pelvic bone fractures, brain damage, and spinal cord damage. The state Department of Labor and Industries conducted an investigation of this incident and fined the Fire Department $800 for a safety violation. The Department has since put reflective tape around the fire pole shafts and installed glass doors with special handles that will only open if they are pushed in.

In 2006, Jones filed a premises liability suit against the City of Seattle. The City offered to settle before going to trial and offered an undisclosed amount that evidently was not accepted. Now that this $12.7 million award has been made, the City is debating whether or not to appeal. Seattle is insured for $5 million and their insurance carrier would be responsible for the rest of the $12.7 million.

Firefighters to the Rescue

Meanwhile, Jones is now unable to work at any kind of job. He lives with his twin sister, Lt. Meg Jones, who is his guardian and also a Seattle firefighter. The Firefighters’ Union has arranged for other members to cover her shifts without pay during this period, to save her having to use up her vacation and sick time to attend Jones’ trial.

A firefighter friend of Jones and his sister, one Andy Sappier, has organized an annual firefighter department softball tournament to raise money for Jones’ living expenses. Other firefighters have donated time to help Lt. Jones with errands, yard work, and picking up the medications her brother needs to get through each day.

Sappier stated that this ordeal has brought the firefighters closer together:

  • "I think everybody feels a little bit closer in knowing this could be somebody they work with, or this could be them somewhere down the road. [Mark Jones] used to be a deputy sheriff and now he can't even sweep the floors. He's not viable to have any sustainable job or income or feel like he's part of something. The reason I did all that was that I never wanted him to be forgotten."

An award of $12.7 million would certainly be a great comfort from the point of view of expenses for living assistance, medical care, medications, etc. But having ones friends and colleagues rally around so supportively and productively is a comfort of another kind, perhaps more sustaining and healing to these twin firefighters than anything else could be.

If you or a loved one has sustained catastrophic injuries through another’s negligence, please contact our personal injury lawyers today for a free case review and consultation.

Labels:

posted by Benjamin A. Irwin at 10:55 AM

1.800.THE FIRM | 1.800.843.3476

The Cochran Firm handles Civil Litigation and Criminal Defense claims for clients throughout the United States of America. The information on this website does not constitute legal advice nor form an attorney-client relationship.Please contact The Cochran Firm today to schedule a free consultation.

Site Design, Development and Optimization by Page 1 Solutions | © - | Disclaimer