Luke Skywalker
Super Moderator
{vb:raw ozzmodz_postquote}:
Get the news
Log In or Subscribe to skip
[h=6]Share This Story![/h]Let friends in your social network know what you are reading about
[h=4]Yarnell Hill Fire lawsuits settle for $670,000, reforms[/h]PHOENIX — Arizona will pay $670,000 to the families of the 19 hotshots who died fighting the Yarnell Hill Fire and will implement new wildland firefighting procedures to improve safety in a global settlement
{# #}
[h=4]Sent![/h]A link has been sent to your friend's email address.
[h=4]Posted![/h]A link has been posted to your Facebook feed.
[h=6]Join the Nation's Conversation[/h]To find out more about Facebook commenting please read the Conversation Guidelines and FAQs
[h=2]UP NEXT[/h][h=2]03[/h]
Roxanne Warneke and Deborah Pfingston share their feelings and plans for the future.
Nineteen hotshots died in the Yarnell Hill Fire, the deadliest wildfire in state history.(Photo: David Kadlubowski/The Republic/azc)
PHOENIX — Arizona will pay $670,000 to the families of the 19 hotshots who died fighting the Yarnell Hill Fire and will implement new wildland firefighting procedures to improve safety in a global settlement of litigation stemming from the 2013 fire.
Tuesday is the second anniversary of the blaze in which the Granite Mountain Hotshots perished.
Questions remain about what went wrong that day and who was responsible for the deaths of the firefighters. Today's settlement announcement means some questions might never be answered.
"I don't know that we're ever going to know every detail of that fateful day," said attorney Pat McGroder, who represents 12 families of fire victims. But McGroder said assigning blame and collecting damages was not what family members sought.
"That's not what this case is about," McGroder said at a news conference announcing the settlement. "Our clients wanted transparency and change" as a legacy for their loved ones.
The settlement still faces formal approval from a judge and state officials.
"Ultimately, this settlement doesn't assign blame," Attorney General Mark Brnovich said. "State agencies aren't admitting any guilt or negligence."
Brnovich said state officials and firefighter families hope the terms of the agreement will prevent future deaths.
The agreement was described to The Arizona Republic by the Arizona Attorney General's Office and McGroder. It has three key components:
The 12 family members who filed a wrongful death lawsuit each will receive $50,000 from the state's risk management fund.The seven families that did not sue will each receive $10,000 from the Arizona State Forestry Division, which was responsible for managing the Yarnell Hill Fire. State forestry had been fined a record $559,000 for workplace-safety violations that may have contributed to the tragedy. In lieu of paying the fine, the division will instead pay the families.In addition, state forestry will implement "enhanced safety training" for incident command management, improve its communication systems and work toward greater transparency.
"The settlement reflects a shared commitment to ensuring the safety and health of wildland firefighters, and requires State Forestry to provide enhanced safety training for incident command management, additional fire suppression activities, and improved wildland firefighter safety," said Bill Warren, director of the Arizona Division of Occupational Safety and Health.
Said Brnovich brefore the afternoon press conference, "When we went into this, part of my philosophy was ... 'There's an old saying: don't fix blame, fix the problem.'
USA TODAY
Yarnell fire survivor gets book deal amid legal strife
"Sometimes in litigation, we get so wrapped up in assigning blame, we forget about the victims, and how do we prevent these tragedies from occurring in the future."
McGroder said the families' purpose was always to improve wildland firefighting safety standards, and not to make money. He said the promised improvements would fulfill that goal.
Roxanne Warneke, widow of hotshot Billy Warneke, said at the news conference that she and two other firefighter family members were donating their shares of the settlement entirely to the establishment of a non-profit foundation "to advocate for wildland firefighter safety" and to help hotshots and their families.
"We're not done," McGroder said. "The families are committed to improve continually wildland fire protection ... Instead of seeking massive compensation, the families opted to seek a resolution with a new pathway to change."
He added that overall, the agreement "reflects the dignity of the fallen 19, and of their families."
USA TODAY
21 videos show chaos around Yarnell Hill Fire deaths
The proposed settlement was approved by the Joint Legislative Budget Committee behind closed doors in executive session on June 18. A document filed with the U.S. District Court for the District of Arizona also indicates that "Settlement Talks/Discussions" were in the works.
The Yarnell Hill Fire was ignited by lightning on June 28, 2013. It burned about 8,400 acres, destroyed 127 structures and forced mass evacuations.
The Granite Mountain Hotshots were killed on June 30, 2013 as they sought to protect the communities of Yarnell and Glen Ilah, about 35 miles southwest of Prescott. The crew descended into a bowl-shaped canyon and were trapped as fast-moving winds fueled the flames through dry chaparral.
“I'm not sure anyone will have all the answers to what happened that day.”
Pat McGroder, attorney
The settlement will end the drawn-out wrongful-death lawsuit filed by some of the hotshots' family members as well as workplace-safety litigation against state forestry that alleged negligent supervision of the wildfire-suppression efforts.
An Arizona Division of Occupational Safety and Health investigation led the state Industrial Commission to issue $559,000 in fines against state forestry. The fines have been under appeal until now.
The settlement occurs without the testimony of Granite Mountain Hotshot Brendan McDonough, who barely escaped the firestorm that day and was the crew's lone survivor.
McDonough recently told the crew's founder that he overheard a radio conversation between Eric Marsh, the crew's supervisor who'd separated from the others to scout the fire, and Jesse Steed, Marsh's top deputy. It it, Marsh is believed to have ordered the crew to leave their safety zone. The conversation is believed to have occurred shortly before the hotshots were overcome by flames.
Attorneys for state forestry repeatedly sought McDonough's testimony under oath, but a deposition never happened.
When asked about the lack of deposition from McDonough, attorney McGroder replied, "I'm not sure anyone will have all the answers to what happened that day."
He continued, "Our position is, Mr. McDonough will do what he wants to do when he wants to do it, and that will be his decision."
0) { %> 0) { %>
0) { %>
Powered By WizardRSS.com | Full Text RSS Feed