THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Thursday, February 20, 1997 TAG: 9702200072
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: 70 lines
The families of two firefighters who died last year at a fire in an auto-parts store sued Virginia Power Wednesday, charging that the company negligently started the fatal fire.
Each of the two lawsuits, filed in Circuit Court, seeks $10 million in compensatory damages and $5 million in punitive damages.
The fire occurred March 18, 1996, at the Advance Auto Parts store at 4345 Indian River Road. Firefighters Frank Young and John Hudgins Jr. were killed when the building's roof collapsed, trapping them inside.
Investigators concluded that a Virginia Power worker unwittingly started the fire when the boom of his truck snagged an electric line to the store.
The lawsuits accuse the worker, Glenn E. Holman, of negligence in operating the truck and failing to call the Fire Department immediately after discovering that the mishap had caused a fire.
The lawsuits accuse Virginia Power of failing to train its employees in how to use the truck booms and how to immediately report electrical fires.
The suits also say Virginia Power trucks have repeatedly hit objects when their booms were not fully retracted, yet the company did not inspect or fix these mechanical defects.
``Not only did they have notice of this propensity, but there were discussions of how to retrofit the vehicles so this couldn't happen, and it just wasn't done,'' said Michael A. Kernbach, a Fairax lawyer who represents the firefighters' families. ``Unfortunately, it was Mr. Holman's problem in that he was the one who got caught this time.''
Virginia Power declined to comment on the lawsuits Wednesday.
``We have not been served with these papers. We haven't seen them. We have no knowledge of the specifics of what is in them,'' said Virginia Power spokesman William Byrd. ``Under those circumstances, it is impossible for us to comment on them, even in general.''
Byrd said Virginia Power began modifying its trucks last year so they cannot move while the booms are extended, but he did not know if all trucks have been modified.
Holman also declined to comment Wednesday. He had not seen the lawsuits and did not know they had been filed. The lawsuits describe in detail the plaintiffs' version of what caused the fire:
Holman was called to a bar in the neighborhood to disconnect power for non-payment. He stopped his truck, lifted the bucket to the roof and began disconnecting the power. A bar employee then showed him a receipt as proof of payment.
Holman then lowered the bucket, but not enough to secure it in the truck bed. He also did not inspect the boom before leaving. As he drove away, the boom hit overhead power lines leading to the auto parts store, causing one line to break, damaging a power pole and causing a visible short of the store's electric meter.
Holman stopped, cut the remaining power lines to the meter, then inspected the meter. He saw that it was severely damaged, with smoke coming from it.
A store employee met Holman and reported that the building had no power and that a fire was detected at an inside fuse box. Holman radioed his supervisor and called for another Virginia Power unit, but did not call the Fire Department, according to the suit.
Store employees called 911 to report a problem with the fuse box. Firefighters arrived about six minutes later. About 14 minutes later, the two firefighters were trapped inside the building and died.
A lawsuit presents only one side of a dispute. Virginia Power has three weeks to respond after it receives the lawsuit. ILLUSTRATION: Photos
Frank Young
John Hudgins Jr.
KEYWORDS: FIRE LAWSUIT FATALITY