AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Injuries to Applicants, Trainees, Participants & Observers

     Fourth Circuit rejects a wrongful death suit filed by the parents of a firefighter trainee. Due process does not impose a duty on municipalities to provide their employees with a safe workplace or to warn them against risks of harm. Waybright v. Fredrick Co. Dept. of Fire & Res. Serv., #07-1289, 2008 U.S. App. Lexis 11755 (4th Cir.).
     U.S. District Judge rejects constitutional claims brought by the estate of a Maryland firefighter trainee that died from heat exhaustion during physical training exercises, but remands the state claims to the state court. No fact supported the application of a state-created danger theory of liability. Waybright v. Frederick Co. Fire & Rescue, #05-55, 2007 U.S. Dist. Lexis 14432 (D. Md. 2007).
     New York court refuses to dismiss a suit brought by an officer who was injured during a tactical training exercise. The training area lacked protective floor padding. Singleton v. City of New York, #9640/06, 2006 NY Slip Op 26412, 2006 N.Y. Misc. Lexis 2928 (2006). [2006 FP Dec]
     Martial arts instructor was not liable for the injuries suffered by a student who was a willing participant. Bevolo v. Carter, #04-4220, 2006 U.S. App. Lexis 9874 (7th Cir. 2006). [2006 FP Jun]
     Appellate court rejects a negligence lawsuit filed by a police student who was seriously injured while practicing arrest takedown techniques. Assumption of risk bars such claims. Saville v. Sierra College, #C047923, 2005 Cal. App. Lexis 1843 (3rd App. Dist. 2005). [2006 FP Feb]
     Anaheim police lieutenant, who suffered on-duty injuries and later was denied promotions and forced to take early retirement, wins a $5.2 million jury award. Welch v. City of Anaheim, (Orange Co. Super. Ct. 2005). {N/R}
     Illinois appellate court strikes down a "release" signed by a firefighter applicant who was injured during the agility test. However, village was not liable under a statutory immunity law. White v. Village of Homewood, 628 N.E.2d 616 and 673 N.E.2d 1092 (Ill.App. 1996). [1997 FP 153]
     Federal court dismisses all claims against an employer after an applicant suffers a fatal heart attack during the pre-employment agility test. Tafoya v. Bobroff, 865 F.Supp. 742 (D.N.M. 1994). [1995 FP 58]
     An applicant for sheriff's deputy who was injured while performing a fitness course was not entitled to damages. Chapman v. Gonzales, 824 S.W.2d 685 (Tex.App. 1992).

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