Heather Curtis, WMAL News
WASHINGTON – The Family of 77-year-old Medric Cecil Mills Jr., who died of a heart attack after emergency responders at a fire station across the street from him refused to help, filed a wrongful death lawsuit against the city and nine D.C. Fire and EMS employees Wednesday. Marie and Medric Mills III, Cecil’s daughter and son, are suing for $7.7 million and punitive damages.
They say the District violated Cecil’s constitutional rights by standing by and doing nothing as he had a heart attack in a parking lot across from Engine Company 26 fire station at 1340 Rhode Island Avenue in Northeast on January 25, 2014. When Marie asked for help, she was told she would need to call 911. The dispatcher sent the ambulance to Rhode Island Avenue Northwest instead of Northeast. Cecil was taken to MedStar Washington Hospital Center where he died.
“We assert that the District has engaged in a historic and longstanding pattern and practice of carelessness and a culture of sub-standard care, and
practice and custom of directing those who come to the fire station for help to call 911, rather than actually providing help is so pervasive that it is in fact
the policy of the District of Columbia, DCFEMS Fire Department,” said lawyer Karen Evans of the Cochran Firm.
A public duty doctrine says the city doesn’t owe a general duty to provide public services to an individual and gives the city immunity to most negligence claims.
“The public duty doctrine needs to be altered and changed. I’m not saying that it needs to go away, but the city needs to be held accountable. The people that failed to do their jobs should be held accountable for their lack of actions,” Medric said.
In a letter to Evans January 25, 2014, Charlotte Fisher with the city’s Office of Risk Management wrote an investigation found DC FEMS staff didn’t do anything to worsen Mr. Mills’ condition or contribute to his death. “Therefore, there is no liability on the part of the District in this matter and we must respectfully deny and close this claim.”
In addition to changes to the public duty doctrine, Evans said her clients are calling on the city to pass an amendment to the Omnibus Public Safety Agency Reform Amendment Act of 2004, which would prevent DCFEMS employees from retiring when disciplinary charges may be filed against them. D.C. Fire Lt. Kellene Davis retired while she was being investigated for six counts of neglect of duty. Her retirement enabled her to avoid potential discipline.
Copyright 2015 by WMAL.com. All Rights Reserved (Photo: Family Photo via The Cochran Firm)
