Lawyer Attends Court To Continue Fight For Wrongful Death Lawsuit
The attorney of fatally wounded fire fighter Brenda Cowan has been in court in a fight to keep the lawsuit against the city of Lexington going on behalf of the family. A wrongful death lawsuit was filed against the city by the family of Ms. Cowan last month, but the city has been fighting to get the lawsuit dismissed. The request for the dismissal of the lawsuit came just two weeks after the executor of the deceased fire fighter’s estate filed.Earlier this week, a Fayette Circuit judge granted the city more time to put together their arguments as to why the case should be dismissed. The city maintains that proper procedure was followed when fire fighters were sent to the scene of a fire at Adams Lane, but her family and the attorney argue that the fire fighters were not made aware of the additional dangers of the situation when they were sent.
The estate attorney stated, “What we're arguing is whether a portion of Ms. Cowan's duties were to come under fire. Certainly, people anticipate that the police will come under fire, but I'm not sure people anticipate that fire department people come under fire." However, the city mayor has reportedly stated that she thinks the case will be dismissed.
The courts will hear from both plaintiffs and defendants again early in May. In the meantime, a Worker’s Compensation check of over fifty thousand dollars was sent to the family of the deceased, but they state that this is not a case of Worker’s Compensation and have therefore not cashed the check.
Topic Added May 24th, 2005
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