Slain Firefighter's Family Can't Sue City

By Matt Green

Published on October 13, 2005

In 2004, Cowan believed she was responding to a routine domestic abuse call when she approached a home in rural Fayette County. Cowan found a dead body in the front yard, and then Cowan, too, was shot to death.

Fayette County Judge Thomas Clark said worker compensation benefits cover Cowan's case because it occurred during regular work duties. Cowan's family already has received a lump sum of about $57,000 in worker compensation benefits.

The judge dismissed the wrongful death lawsuit by Cowan's family against 9-1-1 operators, the police chief, the mayor and emergency medical workers. The judge let the suit continue against Patrick Hutchinson, who is accused of shooting Cowan.

Hutchinson is also accused of shooting his wife, Fontaine, in their front yard before firefighters arrived. One other firefighter was shot; he survived.

The lawsuit had contended that Lexington's policymakers and workers could've prevented Cowan's death if firefighters were told not to approach the scene of the shooting. The suit had sought compensation for Cowan's suffering, death, loss of future earnings, and funeral expenses.

City attorneys have denied any negligence by city workers.

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