Bangor Daily News
OWLS HEAD, Maine — A court-mandated mediation session earlier this month failed to settle a lawsuit filed against the town and its fire department for firefighters’ response to a blaze that here in 2013.
The lawsuit filed in Knox County Superior Court by Cecil A. Fogg, and his company, Cecil A. Fogg Inc., owner of Frankie’s Garage will now go to trial. A date for the trial has not been set.
Fogg filed a in February against the town of Owls Head, its fire chief, Frank Ross, and the volunteer fire department.
Fogg is seeking more than $400,000 in damages for the fire that occurred on Feb. 10, 2013, at Frankie’s Garage on Route 73 in Owls Head. The fire began in an oil waste furnace.
Fogg’s suit claims that Ross arrived and went inside the building without his firefighting gear to look at the fire and that when he left, Ross left the door open, which allowed the fire to spread faster. The chief also did not have the proper equipment to hook up hoses to the nearest fire hydrant and he refused to use spray foam or set up a dunk tank to battle the blaze, according to the lawsuit.
The lawsuit also states that the fire chief and Fogg were involved in a car accident in 1996 and that unbeknownst to Fogg, Ross has held a grudge over that crash. In the lawsuit, Fogg claims that Ross said to him as the fire destroyed the garage that this was “for the accident.”
Ross has denied the claims made by Fogg.
The garage has been rebuilt. Fogg said he lost equipment and classic cars and motorcycles.
The town and Fogg had been exchanging evidence in a court-ordered effort to mediate the case and avoid a trial, but the last mediation session on Dec. 17 was unsuccessful.
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