BUFFALO, N.Y. — A City of Buffalo firefighter who was injured battling flames is now suing the city and the fire department.
In his lawsuit, first reported Monday morning by the Buffalo News, Eric Whitehead accuses the fire department of "negligence, carelessness and recklessness."
The fire was reported at 8:30 p.m. on January 10 at a home on Butler Avenue.
Whitehead and a fellow firefighter with Engine 21 were among the crews fighting flames in the attic. They worked to lay hose even after it was reported that everyone made it out of the home safely.
Conditions worsened in the attic, forcing Whitehead's partner to evacuate. Debris hit Whitehead, and he started running out of air, causing him to become disoriented and "isolated," according to a state investigation.
A source told 2 On Your Side the Buffalo Fire Department follows the OSHA policy of "two in, two out," which keeps firefighters from ending up alone in dangerous situations. The state investigation found Whitehead's fellow firefighter violated that rule.
Charles Desmond, II, Whitehead's attorney, said Buffalo needs to take a broad look at its policies and procedures as they relate to fires in attics.
"When there's no individuals in a house and to send firefighters into an attic where there's significant risk of injuries for the firefighters, we think that policy needs to be reviewed," Desmond said.
Whitehead spent more than a month in a hospital burn unit. He's been through numerous surgeries, and he has at least two more planned soon.
"Will he ever return to the force with the Buffalo Fire Department," 2 On Your Side's Michael Wooten asked the attorney.
"Time will tell," Desmond responded. "We'll have to see how the healing process goes, but he's been through a lot. He's lost a lot of skin and a lot of tissue in each hand, which may make it very difficult to get back to that physical type of employment."
Desmond said the goal of the lawsuit is to seek damages as well as a change in the procedures of the fire department.
"He's very interested in the City implementing policies that protect his fellow firefighters in the future," Desmond said.
The city's corporation counsel answered the complaint, denying many of the accusations and saying Whitehead didn't have standing for some of the other arguments.
A spokesperson for the City of Buffalo declined to answer questions, citing the longstanding policy of not commenting on pending litigation.