By JOHN WOOLFOLK
San Jose Mercury News
Santa Clara County officials have rejected a $10 million claim for damages and death benefits filed on behalf of the widow and father of a Santa Clara County fire captain electrocuted while trying to save a burning Los Gatos home.
Capt. Mark McCormack, 36, was electrocuted Feb. 13 when he brushed against a 12,000-volt live power line that had fallen during the fire. He became the first firefighter in the 58-year history of the department to die in the line of duty.
The county counsel’s office, which defends the department against liability claims, rejected the family’s claim administratively after concluding that the firefighter’s death was an accident for which the county was not responsible. Claims must be filed with the county for consideration before damages are sought in court through a lawsuit.
``We don’t believe the county was involved in anything that caused his injury,’' lead Deputy County Counsel Winifred Botha said Wednesday.
Attorney Gary Nye filed the claim Aug. 11 on behalf of the firefighter’s widow, Heather McCormack, and father, Jack McCormack. It argued the county is liable for ``failure to provide adequate safeguards against injuries from fallen high-voltage lines.’'
Nye said Wednesday the family planned to file a lawsuit in about a month seeking damages from the property owners, and was weighing whether to continue seeking damages from the county.
``We have yet to make up our mind which parties to proceed against,’' Nye said.
In July, the California Occupational Safety and Health Administration, or Cal-OSHA, cited the county for three ``serious accident-related’’ safety violations in connection with the fire and recommended $44,100 in fines against the department.
OSHA said the department didn’t have a written procedure for how firefighters should handle live power lines, failed to erect barriers at the fire scene to keep people away from the downed wire, and failed to keep firefighters away from an energized overhead line.
County Fire Chief Ben Lopes disputed the citations and has appealed the fine, arguing the department has extensive policies for handling live wires, and that barriers and other efforts to keep firefighters away from power lines are impractical at emergency scenes.
The fire was believed to have been started by candles or incense in the home’s ``prayer room,’' which had been condemned by the county after a 2003 fire at the home. Other firefighters apparently knew the wire was live and were waiting for a utility crew to shut the power off. ``It amazes me how many things have gone wrong,’' Jack McCormack said. ``It’s such a tragedy. My son was the head of the safety committee. He was safety-conscious.’'