The Missouri Court of Appeals has upheld a 2007 jury decision that a manufacturer of firefighters’ equipment was at fault for the death of two St. Louis firefighters in 2002, saying the officials knew equipment was faulty but did not issue a warning or recall.
The court called Survivair Respiratore, Inc. and Bacou-Dalloz, the French-owned parent company of Survivair “unquestionably reprehensible.”
In 2002, firefighter Derek Martin, 38, died when he went back into a burning building to rescue firefighter Rob Morrison, who also died.
The jury awarded Martin’s family $27 million, which was the largest verdict in the state of Missouri in 2007, and one of the largest in the United States. The appellate court agreed with the jury verdict last week. Morrison’s family had settled in 2006 for an amount between $2 – $5 million.
Angela Martin, Derek’s widow, said the decision brought relief. “It just clearly shows that when you have the truth on your side, eventually things will turn your way.”
Martin, who is the mother of three, said she pursued the lawsuit because the circumstances surrounding her husband’s death made no sense to her. Martin’s persistence may have saved the lives of many firefighters around the country, said Attorney Jerome Schlichter, who represents the Martin family. Martin’s attorney says the personal distress alarm of Rob Morrison, the downed firefighter, did not sound as it should when he became immobile. The lawsuit says that the malfunctioning device caused Martin to enter the building to attempt to rescue Morrison. The suit also says that an exhalation valve failed causing Martin to be unable to breathe in the building. “This is a tragedy that never should have happened,” Schlichter said, adding that initially the company said the firefighters and the City were at fault. “They blamed Derek. … But the jury rejected those claims,” he said.
Angela Martin said the Missouri Court of Appeals’ decision only solidified her husband’s innocence in the incident. “One-hundred percent it is not my husband’s fault.”
It is expected that Survivair will appeal to the Missouri Supreme Court or the United States Supreme Court. But Angela Martin said she is ready. “Whatever challenge they throw our way, we’re ready,” Martin said.
Cpt. Abe Pruitt, the director of F.I.R.E., said Martin was a great firefighter who created the annual food drive held each December. When Martin died, the food drive was named in Martin’s honor. It is now called the Derek Martin Food Drive. Martin’s goal was to create 500 baskets for 500 families. “We’ve gotten close to the goal he wanted to see,” Pruitt said. “We are trying.”
Former St. Louis Fire Chief Sherman George said he remembers Derek Martin fondly. “I know the family will never forget Derek Martin and I don’t expect them to. He was a good father, a good husband and a good firefighter,” George said. “But I hope the decision will bring some closure.” George, who knew Martin for 10 years, said Martin was always willing to help. But what George remembers most is Martin’s dedication to his family. “He was the epitome of a man,” George said. “I have three daughters. If I had a son, I would have liked him to be like Derek Martin.”