Brion W. Doherty and Robert J. Napleton recovered $2.65 million total for the family of a firefighter who passed away and two other firefighters who were injured while responding to a gas leak that resulted in a serious explosion in Sun Prairie, Wisconsin. The Plaintiffs argued that a construction contractor and subcontractor digging a new underground fiber optic line failed to take proper precautions to avoid hitting a gas line in an intersection in downtown Sun Prairie, leading to the explosion. Firefighters are not ordinarily able to make a recovery in situations where they hurt responding to emergencies, called the “Fireman’s Rule.” Nonetheless, Mr. Doherty and Mr. Napleton overcame several motions to dismiss and successfully argued to the court that the specific facts of this case were an exception to the Fireman’s Rule, which would allow recovery for the clients. In addition, they were able to make a significant recovery for the family of the deceased firefighter despite limitations on the amount of money available in wrongful death cases in Wisconsin, i.e. caps on damages.
Napleton & Partners
