By John Weiss
The Post-Bulletin, Rochester, Minn.
OWATONNA, Minn. — The civil suit against Owatonna by a former Claremont firefighter who was seriously injured when fighting the June 6, 2006, fire at St. John’s Lutheran Church has been delayed pending a decision from the Minnesota Court of Appeals.
The trial of the suit of Gale G. Spatenka and his wife Susan K. Spatenka of Claremont against Owatonna was set for March 31.
But Jason Kuboushek of the Twin Cities, attorney for Owatonna, said the city sought a summary judgment to have the case dismissed in Steele District Court and it was denied. The city appealed and the local case is on hold until the appeal is decided. That could take a year, he said.
In the suit, Gale Spatenka says he was a firefighter at the scene of the fire at the rural Claremont church that is in the Owatonna fire district.
The suit says the Owatonna Fire Department told the Claremont department to fight the fire on one side while two other volunteer departments were directed to go to two other sides.
“Spatenka suffered severe and permanent injuries when a portion of the burning structure fell upon him,” the suit says.
Spatenka contends his injuries were caused because the Owatonna chief never told the Claremont department to fight the fire in “defensive mode (rather than an offensive mode) and the failure of the Owatonna Fire Department to advise Plaintiff Gale George Spatenka to get away from the wall of the burning structure when he observed said Plaintiff fighting the fire in that location.”
He is seeking damages in excess of $50,000.
His wife said he she has lost her husband’s companionship and will continue to lose them in the future. She is also seeking more than $50,000.
Kuboushek, however, said Owatonna has denied all wrongdoing and that the fire commander was negligent.
For one thing, “the decisions made by firefighters are entitled to immunity,” he said. That is part of case law going back many decades, he said.
Copyright 2009 Post-Bulletin