Disabled girl left in New Rochelle High during fire sues for $26M

[x635 4,066]

I'm not so understanding of this story...is this a shelter in place thing that got misinterpreted or misused? I'm sure no one in the know can comment on this, but shouldn't the district notify or work with the FD of this? From the sounds of the article...the school district didn't take any proactive measure on this issue.

NEW ROCHELLE – The family of a disabled girl who was left in an upper floor of New Rochelle High School during a fire emergency wants at least $26 million for distress and suffering.

FULL ARTICLE: http://www.lohud.com/story/news/local/2014/09/19/new-rochelle-lawsuit-student-wheelchair-violation/15906829/

[FirNaTine 370]

Don't give them a dime!!! I wouldn't even entertain it!

[x635 4,066]

Some more very interesting information on the incident: http://www.newrochelletalk.com/content/new-rochelle-school-district-slapped-26-million-dollar-federal-lawsuit-failing-evacuate-whee (also has extensive background information regarding the last incident and the US Justice Department actions and the case settlement)

Note the picture of ConEd dealing with the outside underground transformer fire in front of the school. Wonder if any of that smoke made it to the third floor?

Seems like the district's pants were on fire as well.

Some quotes:

Starvaggi claimed that New Rochelle Fire Department officials instructed him to keep one student in a "holding room" on the third floor of the "new wing" of the school.

New Rochelle Fire Chief Lou DiMeglio, in an exclusive interview with Talk of the Sound called those claims untrue. The DOJ received similar testimony from NRFD officials during their investigation.

"Holding rooms are identified and marked in consultation with the Fire Department."

The U.S. Department of Justice findings were that this was not true and the School District admitted this in accepting the consent decree.'

"no concerns voiced about her evacuation and safety plan"

The U.S. Department of Justice findings were that this was not true and the School District admitted this in accepting the consent decree. Records from the DOJ show there were repeated, elaborate complaints made over a three year period leading up to the fire, all of which were ignored by Goorevitch and Starvaggi.

[antiquefirelt 994]

While I admit I've not read all the info provided, one must wonder what the end result will be if the FD can be sued for having any part of a "defend in place strategy". Many of us show up with far less resources than NRFD and when faced with a large high occupancy structure under evacuation, the tactics must address what can be done to with what is available right now. We often address the potential fire or issue, then as more personnel are available, respond to check on those who have sheltered in place. If we're going to be sued for not immediately going to the person, we're going to need a bunch more personnel on duty. Maybe we'll get three or four more personnel for dedicated search and rescue of those who are unable to escape on their own to comply with ADA?

[LTNRFD 266]

I guess my school Taxes will double in the coming years, Anyone want to buy a house in New Rochelle???

[antiquefirelt 994]

It also says the school failed to place her in a classroom that could be evacuated, while other parts of the ADA require that forcing those disabled persons into some spaces is prohibited and reasonable accommodations must be made to ensure they're given the same choices as fully mobile persons. It's a no win situation. No one wants to force someone to suffer greater injustice due to their disability, but there's a point where "reasonable" must be determined and this case seems to lead directly to the question of what's reasonable to expect of the school, the FD or any other building owner.