MARTINSBURG – The father of an Air National Guard firefighter who died while fighting an off-base structure fire has filed a lawsuit against the local fire department, fire chief and others.
Senior Airman Logan Young died while battling a barn fire in Berkeley County on December 27, 2020. His father Steven Young filed his complaint December 22 in federal court against the Baker Heights Volunteer Fire Department, the Berkeley County Council, David Spain, the 167th Airlift Wing of the West Virginia Air National Guard Fire Department and four John Doe defendants. Spain was the incident commander at the scene of the fire.
Logan Young was a nine-year Air Force combat veteran, having served in Japan, England and the Middle East. He was given several awards for his service, and he was a firefighter for the 167th Airlift Wing. The Virginia resident posthumously was promoted to Staff Sergeant. He was 30 years old, and he is survived by a daughter, his fiancé, his parents and his siblings.
According to the complaint, Young was battling the fire as a member of the 167th Airlift Wing Fire Department, which had been called to assist through a mutual aid agreement with the Baker Heights VFD. Young died when a beam from the fully engulfed structure fell and landed on him.
The complaint says the four John Doe defendants are the ones who started the fire. It accuses the unknown defendants of wrongful death. The complaint also accuses the other defendants of wrongful death by negligence, wanton conduct and deliberate intent.
It says the defendants breached their duties by failing to perform, or negligently performing, a situation evaluation that includes risk assessment; failing to appoint a safety officer to monitor conditions and operations; failing to determine, or negligently determining, the life safety profile of the incident and assess the survivability profile for fire fighters when determining whether offensive or defensive operations should be conducted; failing to perform, or negligently performing, an initial size-up that considers the type and condition of the structure and location of the fire and any indications of potential structural weakness or collapse; failing to recognize the high probability of internal and external collapse of the heavy timber construction and establish defensive operations; failing to clearly notify all fire fighters that operations were to be defensive only; failing to establish and control collapse zones and make their boundaries clear; failing to direct the transmission of an audible alert to notify fire fighters to abandon the structure when the conditions became unsafe; failing to conduct a personal accountability report to ensure that all fire fighters had abandoned the structure and removed to safe positions; failing to continuously monitor the collapse zone perimeters to ensure no one enters the collapse zone; failing to ensure that personnel safety systems have been established including a personal accountability system; and failing to take such other actions as were reasonable and necessary under the circumstances for fire fighter safety.
Young’s survivors seek joint and several compensatory damages for sorrow, mental anguish, solace, lost reasonably expected income and services, protection, care, assistance, funeral expenses. They also seek pre- and post-judgment interests, court costs and other relief.
The family is being represented by Peter A. Pentony of WilliamsFord in Leesburg, Va.
The state Fire Marshal’s office investigation into the fire still is pending, and the National Institute for Occupational Safety and Health’s Fire Fighting Investigation and Prevention Program report still is pending.
U.S. District Court for the Northern District of West Virginia case number 3:22-cv-219
