Firefighter's Widow Sues Seattle Fire Department

The widow of Seattle firefighter Lt. Matthew Johnson, killed last year battling the Blackstock Lumber Co. arson, today sued the Seattle Fire Department for damages.

The amount of damages sought is not specified in the suit, which was filed in King County Superior Court on behalf of Johnson's widow, Esther Manship, and her son, Benjamin.

The suit was filed after the city took no action on Manship's $5 million claim against the department.

In the claim, Manship's attorneys, Paul Whelan and Michael Withey, said they expected the case ``to focus on a combination of intentional and negligent acts that culminated'' in Johnson's death.

The suit cites Johnson's ``pre-death pain and suffering'' and says his death was caused by department ``negligence, willful and/or intentional infliction of harm.''

Johnson died Sept. 9, 1989, in a fire that destroyed the condemned Blackstock Lumber Co. building on Elliott Avenue West.

Arson investigators believe the Blackstock fire is one of seven blazes set by a professional arsonist in Washington in the past 8 years. A chemical similar to rocket fuel was used in those fires.

Johnson was the second Seattle firefighter in two years killed fighting a fire in a vacant building designated for demolition. Robert Earhart died in 1988 in an arson in the Crest Apartments. His widow also is suing the department.

Fines of $102,400 were levied against the Fire Department by the state Department of Labor and Industries after an investigation of circumstances surrounding Johnson's death. The fines are the largest ever sought by Labor and Industries against a municipal government.

Labor and Industries charged that the department failed to conduct a prompt search for Johnson after his partner, William Meredith, narrowly escaped the burning building.

The Fire Department also failed to ``use appropriate safeguards necessary to protect the lives and safety'' of its firefighters because ``firefighters were not accounted for inside the building . . . '' Both citations carried the maximum possible penalty, $50,000 each.

Fire Chief Claude Harris disputed the allegations and the department has appealed the Labor and Industries conclusions to the state's Insurance Appeals Board.

The department also was chastised by the National Fire Protection Association (NFPA) following an investigation requested by Harris.

The NFPA blamed Johnson's death on the Fire Department's methods of accounting for firefighters at large fires and specifically cited the misidentification of a number on the helmet of a firefighter who helped Meredith flee the building. Meredith was staggering and incoherent when found.

Some of the blame also was placed by NFPA on Johnson and Meredith, saying they violated department rules and NFPA recommended standards by separating within the building, leaving their fire hose and using the wrong radio frequency to call for help.

Since Johnson's death, the Fire Department has adopted a revamped fire scene command system and a new method of accounting for firefighters at large fires.