Man Sues Local Firefighters For Trees Burned In Forest Fire

[one...two...tree 2,762]

Rep. Denny Rehberg (R-MT), fresh off his Republican primary win, filed a lawsuit Friday against the City of Billings and the Billings Fire Department for damages sustained in a 2008 fire. Rehberg is the developer of record for the 1,000-acre subdivision that is managed by his wife.

The lawsuit, which seeks an award to be determined at trial, says that the fire department "breached its duty" during the July 2008 fire. The Rehbergs are claiming damages for the loss of trees and ground cover in an area they intended to develop.

Rehberg is not the first Montana politician to take on firefighters. Former Senator Conrad Burns (R-MT) made headlines in 2006 when he had an airport altercation with firefighters flown in from Virginia following a 143-acre fire. Burns accused the firefighters of doing a "poor job" and not allowing ranchers to fight fires as they saw fit. Burns lost his reelection bid later that year.

Rehberg himself is no stranger to the legal system, as he has been involved in legal proceedings for the last year a boat crash led to felony alcohol charges against the driver, Montana State Sen. Greg Barkus.

http://tpmmuckraker....tre.php?ref=fpb

[thongd4me 69]

Frivilous lawsuits, LOL

This guy would fit right in the death row law library.

I'm sure they'd welcome him with open arms.

He may or may not have been right about the firefighters doing a poor job,

but they put their lives on the line to protect the property of people like him.

[justashooter 430]

standing timber on acreage is a significant part of the value of the land. in case of a development property not only for timber market value, but also for esthetic value, which increases the market value of residential real estate under development.

i have 6 acres in hardwoods, and was rather upset a few years back when a neighbor's yard waste fire spread into my forest.

i was on the hill with a shovel when some wet behind the ears volunteer tried to tell me to leave the fire. i threatened to throw him off my land bodily and went back to saving lumber grade trees that were only 10 years away from harvest. luckily i lost less than 20 marketable trees, which i allowed a neighbor to cut for firewood on shares.

[thongd4me 69]

standing timber on acreage is a significant part of the value of the land. in case of a development property not only for timber market value, but also for esthetic value, which increases the market value of residential real estate under development.

i have 6 acres in hardwoods, and was rather upset a few years back when a neighbor's yard waste fire spread into my forest.

i was on the hill with a shovel when some wet behind the ears volunteer tried to tell me to leave the fire. i threatened to throw him off my land bodily and went back to saving lumber grade trees that were only 10 years away from harvest. luckily i lost less than 20 marketable trees, which i allowed a neighbor to cut for firewood on shares.

My remarks may have been regrettably flippant, as you did have worthy concerns similar to those of Mr. Rehberg.

However, I still think it's an uphill battle for anyone trying to assert a right to sue an emergency responder,

whether a volunteer or salaried.

I did a search on the subject of suing a fire department. One lawyer said depending on the circumstances

the person who was wronged by the fire department (in that case an injury to a child in the commission of

a rescue) may or may not have a case depending on the circumstances. His advice was for the parent

to make an appointment with him. Naturally every lawyer wants to get more fees, whether the case is

actionable or not.

I felt this response was better from another lawyer regarding the question of suing emergency responders:

"Emergency responders are generally given broad discretion, if not an outright exemption from liability,

due to the exigencies that exist under the circumstances in which they respond. This is challenge # 1.

Challenge # 2 is sovereign immunity. In the old days, this doctrine was an absolute bar to ever suing the government under any circumstances.

"The King can do no wrong" was the way the saying went. However, that doctrine has largely been replaced in the last 30 years in the U.S.

by various "tort claims" statutes. These laws are minefields of who can be sued, what actions are allowed and what actions are disallowed,

how quickly and in what form "notice" and "presentment" must be made following the accident, and these are only a few of the many roadblocks

in these cases. For these reasons I urge you to get a consultation as promptly as possible."

Given the above 2 challenges, anyone hoping to sue a fire department

even with heartfelt issues will have a lot to overcome.

That doesn't make everything OK but that's just how things are.

This brought to mind the following

{unrelated to the above, except in showing the willingness of a lawyer to bring a suit for anything at any time}:

My mom just got sued by a woman who hit her in an auto accident in 2008. The whole case was

settled in a few months with the insurance company which both parties had polices with.

Nevertheless, there was a lawyer who convinced the unwitting woman to bring a lawsuit while

he knew himself that it would be thrown out of court because of the insurance settlement.

The insurance company will get the suit thrown out but he will probably still collect a fee from the woman.

I don't know if this kind of thing is routine or rare, but my 84 year old mom was beside herself.

She imagined herself being carted off to jail in chains and it took all my efforts to calm her.

I called the insurance company and they said no problem they will handle it and they called

her to reassure her.

After the accident I wanted her to get a lawyer to represent her interests against the

insurance company which always "low-balls"settlement offers, but she decided to accept

the pitiful settlement offered by the insurance company. It was her call and this was the result.

I can't blame her, but there is something very wrong with a system that allows this kind

of thing to happen. In cases where negligence is alleged, very often the only parties that win

are the lawyers on both sides.

The good thing about this is that now she doesn't need a lawyer, but the bad thing was

that it hurt me to see her go through all this stress at her age.

[natty bumppo 297]

standing timber on acreage is a significant part of the value of the land. in case of a development property not only for timber market value, but also for esthetic value, which increases the market value of residential real estate under development.

i have 6 acres in hardwoods, and was rather upset a few years back when a neighbor's yard waste fire spread into my forest.

i was on the hill with a shovel when some wet behind the ears volunteer tried to tell me to leave the fire. i threatened to throw him off my land bodily and went back to saving lumber grade trees that were only 10 years away from harvest. luckily i lost less than 20 marketable trees, which i allowed a neighbor to cut for firewood on shares.

people just don't get it .... maybe if they bought more than a 200'x200' lot and actually knew the land ... oh well ... stupid is as stupid does ...

[Heracles 417]

people just don't get it .... maybe if they bought more than a 200'x200' lot and actually knew the land ... oh well ... stupid is as stupid does ...

I thought you guys didn't care about no stinking liberal forest.

Edited July 7, 2010 by Booyah!

[natty bumppo 297]

I thought you guys didn't care about no stinking liberal forest.

this is not about a ... what did you say "stinking liberal forest." .... this is about a forest ...

get the difference?

or is your mind stuck up a joeys azz?

[Heracles 417]

this is not about a ... what did you say "stinking liberal forest." .... this is about a forest ...

get the difference?

or is your mind stuck up a joeys azz?

You never answered if you are from Clark County, Washington. There is a good reason why I ask.

[natty bumppo 297]

You never answered if you are from Clark County, Washington. There is a good reason why I ask.

you asked if i was from Clark County, Washington?

fvcking weirdo ... can't even read his own posts ....

[Heracles 417]

you asked if i was from Clark County, Washington?

fvcking weirdo ... can't even read his own posts ....

Still didn't answer. Do you speak English or what hillbilly?

[natty bumppo 297]

Still didn't answer. Do you speak English or what hillbilly?

show us all ... where you asked the question ... please include the link to the post ....

other wise ... stfu

[Heracles 417]

show us all ... where you asked the question ... please include the link to the post ....

other wise ... stfu

Relax. I am stirring you up. It's a joke that I have for Marc. First off, you are in Texas, do you guys even have Trees there?

Edited July 7, 2010 by Booyah!

[^_^ 5,021]

so.......he was right........... you lied.........and .......got ........caught.......I.........thought ........so!

[Heracles 417]

so.......he was right........... you lied.........and .......got ........caught.......I.........thought ........so!

Actually no. I thought Nutty was Marc, so I confused them.

[^_^ 5,021]

Actually no. I thought Nutty was Marc, so I confused them.

you........missed.......the........point