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).