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Firefighter trainer suspended for recruit's death

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  • NJFFSA16
    replied
    UPDATE on LODD

    HAGERSTOWN, Md. (AP) - The heatstroke death of a Frederick
    County firefighter trainee wasn't shocking enough to support
    constitutional claims against the training officer and county
    officials, a federal judge has ruled in dismissing those
    allegations.
    U.S. District Judge Richard D. Bennett of Baltimore ordered the
    case sent back to Frederick County Circuit Court for rulings on
    other issues. But a lawyer for victim Andrew Waybright's parents
    said Tuesday that Bennett applied the wrong standard and the
    plaintiffs may appeal.
    "It leaves the possibility that the Waybrights may have no
    remedy at all after this tragic incident," attorney Kenneth M.
    Berman said.
    The case arose from Waybright's death July 2, 2002, at the
    Frederick County Public Safety Training Center near Frederick.
    Waybright, 23, of Gettysburg, Pa., collapsed during an outdoor
    workout supervised by an officer who didn't recognize his
    hyperthermia symptoms and didn't administer first aid, according to
    court records.
    Parents James and Shirley Waybright filed a $1 million wrongful
    death lawsuit in March 2004, alleging negligence by training
    officer Jeffrey Coombe, training academy leaders and the Board of
    County Commissioners. The case was moved to federal court in
    January 2005 after the Waybrights amended their complaint to allege
    that Waybright was deprived of his life in violation of the 14th
    Amendment to the U.S. Constitution and a provision in the Maryland
    Constitution.
    Bennett dismissed those allegations Thursday. He wrote that the
    circumstances of Waybright's death did not "shock the conscience"
    - a standard he said must be met for a court to find that
    governmental conduct violated the 14th Amendment.
    Bennett wrote that only if the plaintiffs could show that Coombe
    had intended to injure Waybright could his conduct be said to shock
    the conscience.
    "Regardless of the level of Coombe's alleged negligence, the
    evidence simply does not permit an inference of intent to harm,"
    the judge wrote.
    Berman, of Gaithersburg, said Bennett should have applied a
    different standard, deliberate indifference, and left that issue
    for a jury to decide.
    "We're extremely disappointed and, quite honestly, surprised,"
    by Bennett's ruling, Berman said.
    Baltimore attorney Thomas V. McCarron, who represents 10
    defendants other than Coombe, said he was hopeful of prevailing on
    the remaining issues but "I don't think anybody loses sight that
    at the end of the day, this is about a young man who passed away."
    Coombe's lawyer, Scott M. Hartinger, didn't immediately return a
    telephone call from The Associated Press.
    Training deaths accounted for about 10 percent of all on-duty
    U.S. firefighters deaths in the past decade, according to the
    National Fire Protection Association.
    Baltimore firefighter recruit Racheal Wilson died Feb. 9 of
    burns and asphyxia after collapsing during an exercise in a burning
    building.

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  • NJFFSA16
    replied
    Update

    Firefighter death lawsuit moves to federal court

    FREDERICK, Md. (AP) - A wrongful death lawsuit filed by parents
    of a Pennsylvania firefighter trainee has been moved to federal
    court in Baltimore, Maryland.
    The case was shifted from Frederick County Circuit Court to U-S
    District Court in Baltimore earlier this month at the request of
    the defendants, a group of current and former Frederick County
    officials. That's according to court records.
    They exercised their right to have the case removed after the
    parents of Andrew Waybright amended their complaint last month,
    alleging that policies and procedures at the county firefighter
    academy deprived Waybright of his right to life under the U-S
    Constitution.
    Lawyers for both sides have until June 27th to submit motions to
    U-S District Judge Richard Bennett.
    The 23-year-old Waybright, of Gettysburg, died of heat
    exhaustion July Second, 2002, his first full day of training. He
    collapsed in humid, 84-degree heat near the end of an hour-long
    outdoor workout.
    A board of inquiry found trainees were denied water, and that an
    instructor who failed to recognize Waybright's heatstroke symptoms
    refused help from passers-by.

    (Copyright 2005 by The Associated Press. All Rights Reserved.)

    Leave a comment:


  • MemphisE34a
    replied
    Quote:
    ------------------------------------------------------------------

    On a slightly different note, a few years ago (ok it was almost 10yrs ago) we had a bout of similar incidents with the Canadian Army. On at least two separate occasions there were two deaths that were attributated directly to trainee physical training. The first was a young infanteer in the CFB Petawawa area, who died while on a company route march in the middle of summer, heat exhaustion was given as cause. Not long after that another infanteer (what is it with these guys???) also died due to heat exhaustion while training for the DANCON march in the Golan Heights. This march is to celebrate a historical event of which I cannot remember the details, but it's an annual event for the troops who are deployed on United Nations ops.
    ---------------------------------------------------------------------

    Okay pal. Tell the truth. Prior to your stint as local firefighter you played Higgins on Magnum P.I.

    Right?

    Lt. Robert Kramer, Jr.
    Engine Co. 34-A
    Memphis Fire Department

    Leave a comment:


  • NJFFSA16
    replied
    Update

    By DAVID DISHNEAU
    Associated Press Writer
    FREDERICK, Md. (AP) - The parents of a Frederick County
    firefighter who died from heat exhaustion during training have
    added civil-rights violations to their claims against the county.
    The amendment broadens the options that a Frederick County
    Circuit Court judge can consider as she weighs arguments on the
    county's pending motion to dismiss James and Shirley Waybright's
    wrongful death lawsuit, their lawyer, Kenneth M. Berman, said.
    The original complaint claimed that fire academy training
    officers and other county officials were negligent in Andrew
    Waybright's death. In the amended lawsuit, the Waybrights, of
    Gettysburg, Pa., allege that the defendants permitted practices and
    procedures that deprived their son of his constitutional rights,
    namely his life, Berman said in a written statement Thursday.
    "Our research clearly shows that the county's policies
    deliberately permitted the training officer to put Andrew
    Waybright's life at grave risk. The state and federal constitutions
    do not allow public officials to do that to either its employees or
    its citizens," Berman said.
    The county's lawyer, Thomas V. McCarron, didn't immediately
    respond to requests for comment on the amended complaint.
    Andrew Waybright, 23, of Gettysburg, collapsed in humid,
    84-degree heat near the end of an hour-long workout on July 2,
    2002. A local board of inquiry found that trainees were denied
    water and that an instructor refused help from passers-by after
    failing to recognize Waybright's symptoms as heatstroke.
    At a hearing Nov. 17, Circuit Judge Julie Stevenson Solt
    dismissed four of the 13 counts in the original complaint after
    both sides agreed that the parents were not dependents of the
    deceased. She said she would rule in writing by mid-December on the
    county's motion to dismiss the remaining counts, but she had not
    done so as of Thursday. The courthouse was closed Friday.
    In seeking dismissal, the county argued that since its insurer
    paid Waybright's medical and funeral expenses, it is immune from
    the wrongful death claim under the Workers Compensation Act. Local
    government employers are shielded from wrongful death claims in
    cases covered by workers compensation.
    Berman countered that no benefits were paid directly to the
    Waybrights, leaving them free to sue the county.

    (Copyright 2004 by The Associated Press. All Rights Reserved.)

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  • NJFFSA16
    replied
    UPDATE

    By DAVID DISHNEAU
    Associated Press Writer
    FREDERICK, Md. (AP) - When Frederick County reopens its
    firefighter academy Monday, more than two years after the
    heatstroke death of a recruit, instructors aim to keep the trainees
    cooler.
    The county has made numerous changes since Andrew Waybright's
    death to correct problems identified by occupational safety
    regulators and a local board of inquiry. Chief among them is a
    better way of measuring the heat-stress danger level, communicated
    to students by color-coded flags flown from a pole near the
    entrance to the complex southeast of Frederick.
    The academy also has added a full-time safety officer and a
    wellness administrator who will monitor the 27 recruits' health
    individually throughout the 17-week program.
    Each recruit will be issued a half-gallon water backpack. A
    water-toting vehicle will follow them on fitness runs through a
    nearby county park.
    Should a student become ill or injured, an emergency action plan
    requires all training to stop while supervisors are notified,
    emergency equipment is summoned and 911 is called.
    "What happened in the past was past practice, and where we're
    headed from here is down a new road, and I think the safety and
    welfare of our employees is the first rule," said Richard Himes,
    chief of training for the Frederick County Fire Emergency Division.
    The academy had no emergency action plan when Waybright, 23, of
    Gettysburg, Pa., collapsed in July 2002, in humid, 84-degree heat
    near the end of an hour-long morning workout without water. The
    instructor, thinking Waybright was just tired out, refused help
    from two passers-by who offered to call 911, according to the board
    of inquiry's report.
    Waybright's parents, James and Shirley Waybright, have filed a
    wrongful death lawsuit against Frederick County, which denies any
    negligence.
    The Maryland Occupational Safety and Health Administration found
    that the heat that morning exceeded the recommended level for heavy
    work under the Wet Bulb Globe Temperature Index, a measurement
    widely used for industrial worker safety. The readings are produced
    by a machine that factors in air temperature, humidity and heat
    absorption.
    When firefighting classes begin Monday, academy staffers will
    use such a machine to determine whether a white, yellow, green, red
    or black flag will fly from the pole.
    Himes said the new safeguards won't compromise the academy's
    ability to produce graduates who meet National Fire Protection
    Association standards for firefighting knowledge and skill.
    "We train people to intervene in emergency, unstable
    situations, to go into buildings that everybody else is running out
    of, to use specialized equipment - and we can't do that without
    incurring some additional stress on those people," he said. "I
    think the real key is that we need to make sure that they're
    physically fit and that we don't do anything to harm them."
    ---
    On the Net:
    Frederick County government: http://www.co.frederick.md.us/

    (Copyright 2004 by The Associated Press. All Rights Reserved.)

    Leave a comment:


  • Jeff16
    replied
    Jeff did mention to the academy staff about the heat and was still advised to do p.t., but shorten the run, which he did.
    If 3.7 miles was a shortened run, I would hate to know how long they would have ran were it not so hot. And I agree with CFDEng3. I'm not a fan of the recruits being made to run that much either. I think calisthenics and weight training are best for firemen. Leave out the running, it only takes away your muscle mass.

    On the subject of the drinking water, you don't just tell them "You might wanna bring some water with you later when we run." It is your responsiblity to provide them with it.

    Leave a comment:


  • TillerMan25
    replied
    www.thewatchdesk.com/forum


    I am sure they got a few critiques on this.

    Leave a comment:


  • NJFFSA16
    replied
    FREDERICK, Md. (AP) - The parents of a firefighter recruit who
    died during training in July 2002 filed a $1 million wrongful death
    lawsuit Tuesday against Frederick County and its fire academy
    leaders.
    James and Shirley Waybright of Gettysburg, Pa., are seeking
    damages from the county and from current and former members of the
    Department of Fire and Rescue Services for the death of their son,
    Andrew Waybright, 23.
    Frederick County Commissioner John L. Thompson Jr. declined to
    comment on the lawsuit, which was filed in Frederick County Circuit
    Court.
    Waybright died from heat stroke after collapsing during a
    training run on July 3, 2002. Civilians who stopped to help and
    offered to call 911 were shooed away by academy personnel who said
    the recruit was "just played out," according to a local board of
    inquiry's report released last year.
    The report portrayed the Frederick County Public Training Center
    as a boot-camp-style school staffed by overworked, ill-prepared
    instructors who sometimes ignored recommended safety measures and
    punished laggers with extra push-ups.
    An earlier report by the Maryland Occupational Safety and Health
    Administration cited the county for making the recruits exercise
    outdoors without water breaks or adequate monitoring in conditions
    that exceeded heat-stress safety levels.
    The county has shut down the school. Its former commander,
    Stanley Poole, resigned after being demoted.

    (Copyright 2004 by The Associated Press. All Rights Reserved.)

    Leave a comment:


  • mattmedic
    replied
    Unfortunately I do not have the answer to that. I don't know why they changed their story.

    I agree with you that Jeff did not do the right thing. It was just frustrating reading some of the comments made about him. (not from you) He made a mistake and believe me, he won't make it again. I also agree with you that just because he was criminaly cleared he isn't still held responsible. And he understands that. He should have really questioned the training officer and made sure everyone had adaquate water. Hind sight will always be 20-20.

    Yes, the fire training here in MD is very paramilitary. Here in Montgomery County they are pretty tough on recruits. Frederick County is growing and developing their training around Montgomery County. I didn't really understand why they had to be so tough on folks. I am prior military and I understand the importance of the job, but some people seem to take it a bit far.

    Capt., thank you for your insight and comments. I can tell that you have been doing this for a while and I highly respect you. Please stay safe out there.

    Leave a comment:


  • captstanm1
    replied
    Yes...unfortunately there was a fatality in Florida....another one... during a training exercise.

    I am all about safety, having had some close calls myself in the real world and have beem injured in a training exercise (that I was conducting) (long story for another time)because of something that I did that was irresponsible and just plain DUMB. No one was hurt but me in this incident and I was just plain dumb. After that I became very **al about fire ground safety and training safety. I am a firm believer in "lighting them up" but within reason.

    I mentioned the Va and Md training academies because I have been a part of teaching in both of them and knew how they were. I have been associated with some that were so paramilitary that is was scary.

    Your friend was cleared criminally, but that does not mean he did not break some rules or follow proper procedure. I not only blame him, but blame staff for directing him to continue. He is charged with the safety of his personnel. Yet, he continued to conduct the training despite the fact he went on record saying it was unsafe. Again...the extremem analogy....If they had told him to blindfold the recruits, tie their hands and put them in the middle of I-70 during rush hour and told them to find their way out to simulate quick egress in dangerous conditions would he have done it even though he knows it was safe? He was the lead instructor and if there was no safety officer for that day, then he was responsible for safety. And in my opinion.......the safety officer in training should supercede and halt any unsafe acts immediately, despite the orders from the "ivory palace."

    I will say this in closing. He did not act appropriately, he was cleared of criminal charges, an internal investigation obviously found him negligent in following some sort of policy or SOG and punished him appropriatly. It is done. He will live with that memory forever and it may end his career. We can only hope it does not. The important thing is this.....IT MUST NOT HAPPEN AGAIN!!!

    How much sense does it make for training to be so aggressive and harsh and orders from above to supercede safety to a point where we are killing recruits? If we are gonna kill them in training, then let's just line em up and shoot em and be over it!

    Ok...so I did not close... I would also be interested in finding out why the recruits falsified statements and then withdrew them and told the truth.

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  • mattmedic
    replied
    One last comment. To my knowledge, the recruits who gave false testimonies about the details of the incident were delt with accordingly.

    Leave a comment:


  • mattmedic
    replied
    Captstanm1,

    Thanks for your input. No, I was not involved. I work in Montgomery County. Jeff works in Frederick County. They are bordering agencies, however, are separate. Jeff and I are friends from Pa. Yes, I am protecting a friend's character because I know that Jeff is an outstanding firefighter and he is not one to inflict undo punishment on others. He has suffered dearly over this incident and some of the comments made on this thread did frustrate me.
    I agree that the training academys here in MD and VA are pretty brutal and the standard is high for career folks. People want to do well and will go to any extreme to accomplish that. Especially when it is a combination career/volunteer department.
    Jeff did mention to the academy staff about the heat and was still advised to do p.t., but shorten the run, which he did. I cannot defend his actions regarding allowing the recruit to contunue dispite the fact that he did not have water with him. Jeff was in fact cleared of criminal charges, however, civil charges are pending.
    The bottom line is someone died and that should have never happened. There were obvious lessons learned and appropriate actions have been taken to prevent future incidents. Ironically I read today that there was an incident involving a death of a recruit in Florida.

    Leave a comment:


  • F18Wub
    replied
    [
    "Jeff did in fact notice the recruit's symptoms and told him, numerous times, to stop running. The recruit elected to go on."
    Being a recent graduate of a very tough and proven academy, I know the pressures that are on the recruits to succeed. Failure is not an option, especially with your career on the line. That said, Why would he let him continue with the run. Instructors do not let recruits stay in fire situations when it is going to be harmful, why would you not look out for the recruits when it comes to this.


    "Jeff instructed all recruits to bring water with them. Again, for some reason, the recruit did not. "
    July, with high heat and a intense physical workout. He should not have been allowed to do the run without water. Goes back to responsibility.

    "Lastly: the academy training officer instructed Jeff to conduct P.T. He was following orders. "
    And that makes it right that he died. Because the Instructor was under orders. Sorry, not going to buy that one.
    Last edited by F18Wub; 08-08-2003, 11:20 AM.

    Leave a comment:


  • captstanm1
    replied
    mattmedic>>>>>

    Well.......

    >If....He noticed the symptoms told him to stop PT, but then allowed to disobey orders and allowed him to continue then he was not totally in control of the students. (I wonder if prior to that the students had been "scared" into the mindset that if they did not PT one day they may wash out....I only say that because I have witnessed some attitudes by instructors in Recruit Schools in both Maryland and Virginia that were that way.)

    >If....He was ordered to conduct PT and in fact felt it was unsafe to do so....did he point that out??? If so, (and he testified to that) and he was still ordered to do so, he should have balked because as an instructor, he is ultimately responsible for the safety of his students. Just because he was "ordered" to do so....does that mean he "has to do it"??? What if he had been ordered to have the students go in a smoke filled building with temperatures that exceeded safe level, but without SCBA. Any one with 1 brain cell could figure that is unsafe...right? But...he was ordered to do so...would he do it? The instructor is charged with the safety of his students

    >If....He told students to bring water and they did not....The student did not follow instructions and needed behavior modification. But if the instructor already thought it was not the right weather to PT...then ordering additional PT (such as Push-ups) was a bad decision. (yes....I read where you said that the students said they lied.....HE SAID/SHE SAID)[/i]

    Lastly, I find it hard to beleive that if during the investigation, which I am sure was very thorough, that if the students admitted to lieing, the investigation board would not have considered that in the findings. I find it hard to believe that if he was not guilty of negligence that they convicted and punished him.

    It is noble of you to protect your friend....were you involved? (just curious)

    Leave a comment:


  • mattmedic
    replied
    Please, before you start crucifying someone, get ALL the facts. I am a personal friend of the "jerk" you guys are bashing and I know the WHOLE story. First: Jeff did in fact notice the recruit's symptoms and told him, numerous times, to stop running. The recruit elected to go on. Second: Jeff instructed all recruits to bring water with them. Again, for some reason, the recruit did not. Third: The recruits who testified that Jeff yelled and "punished" with pushups admitted to lying. Lastly: the academy training officer instructed Jeff to conduct P.T. He was following orders.

    Please, get the facts before you say something.

    Thanks

    Leave a comment:

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