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Fallen York firefighters’ families take legal action

YORK, Pa. — Family members of York City’s two fallen firefighters are taking the first steps in a wrongful death case. Court documents filed with the Cour...

YORK, Pa. -- Family members of York City’s two fallen firefighters are taking the first steps in a wrongful death case.

Court documents filed with the Court of Common Pleas show the administrators of the estates of Ivan Flanscha and Zach Anthony are seeking monetary damages.

Very little is stated in the court documents.

FOX 43 News spoke with York attorney Chris Ferro, who explained what the filing could possibly tell about this case.

Family members of the two York firefighters killed in the line of duty are taking action to hold someone accountable for their deaths. Their attorneys have already started by filing something called a writ of summons.

Attorney Chris Ferro said “essentially, these are one vehicle, one out of two vehicles that allow council to initiate a claim against a defendant in the court of common pleas in Pennsylvania.”

The defendant named in this case isn't the York fire department or even the City of York, but the offices of C.S. Davidson, a firm that provides engineering services to the city.

“I can’t tell you why they choose this entity as opposed to another one, but it would be my belief that counsel has at least some belief that this firm may have had some involvement in the action,” Ferro said.

FOX 43 News asked a city spokesperson who could not comment on what if any connection C.S. Davidson has to the Weaver building fire and collapse.

Meanwhile, Ferro shared his take on what the court filing could mean.

“It gives counsel the ability to use if necessary, the court, to help them start gathering information, gathering evidence, and getting access to things that they may not have access to as counsel,” ferro said.

It’s the start of a fact finding mission to gather the evidence needed to back up the filing of a formal complaint.

The plaintiffs in this case now have 30 days to serve this notice to C.S. Davidson.

If the plaintiffs' attorneys don't file a complaint within the following 30 days after that, the defendant could force their hand.

“One of tools defense council is to file an action forcing them, to lay out the specific claims that they have available to them by way of a complaint,” Ferro said.

The plaintiffs could in turn use the court’s help to push the defendants to deliver more evidence. It also could give the plaintiffs more than they’re looking for.

“More information which may yield additional defendants, whether it be the city, or other entities. I’m not sure, but this certainly does not mean that this is going to be the end defendant, or the only defendant in this particular action,” Ferro said.

The attorneys for the family members taking legal action only will say that they are in the early stages of the investigation, while a call to the offices of C.S. Davidson for comment has not yet been returned.

 

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