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Lawyers for injured Wilmington firefighter announce plan to sue the city

James Dawson, Delaware Public Media
Tom Neuberger at a press conference representing the Floyd family.

Attorney Tom Neuberger said he will drop his run for Delaware Attorney General to pursue a lawsuit against the city of Wilmington.

He is currently representing Wilmington firefighter Brad Speakman. Speakman was injured and three firefighters died after responding to a Canby Park rowhouse fire in 2016.

Neuberger blames the city’s policy over the past 16 years that idled fire trucks around the city on a rotating basis for the injuries and fatalities.

“We’re starting a knock-down, drag-out fight against the city because those firefighters who are still alive are subject to these this same risk for any fire," he said.

He said that rolling bypass policy, designed to cut overtime costs, delays the response of firefighters to fires and leaves parts of Wilmington unprotected.

“They’re making very very unwise budget cuts," he said. "I believe under the due process clause they can be held accountable for this and we’re going to do that here.”

Neuberger said he plans to file a lawsuit on Speakman’s behalf in next few months. The City of Wilmington had no comment on Neuberger’s lawsuit announcement.

The attorney said the General Assembly could give Wilmington more money to fully fund its fire department. Neuberger adds it could also force the city to abandon the rolling bypass policy.

He previously represented the family of slain prison officer Steven Floyd in a lawsuit against the state.

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