$10 Million Claim Filed for Fireman's Death Rejected

By Merylee Robbins

Published on November 07, 2005

Santa Clara County has rejected a $10 million benefits claim filed by the family of fireman Captain Mark McCormack who was killed after being electrocuted while fighting a fire.

On February 13, 2005 Captain McCormack was electrocuted when he accidentally struck a high-voltage power wire that had fallen during a fire he was fighting in Los Gatos. McCormack's father and widow filed a wrongful death claim against Santa Clara County alleging that the County was responsible for his death due to a lack of safety precautions and equipment to protect him and other firefighters from the live wire.

The county has rejected the claim on the grounds that they were not responsible for McCormack's death due to the accidental nature of the incident. The McCormack's $10 million benefits claim suggests that there were further precautions that they county should have taken to isolate the wire from the firefighters such as barriers. The county claims that barriers are impractical for use in emergency situations and that all other feasible safety measures were taken.

In July the California Occupational Safety and Health Administration (OSHA) issued three serious accident-related safety violations concerning the Los Gatos fire, which could undermine the credibility of the County's statements regarding safety. The rejection of the claim allows the McCormacks to proceed with a lawsuit against Santa Clara County to recover the compensation they believe they are owed.

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