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Fireman should not have saved driver's life, says fire authority
Last updated at 11:37am on 10.11.06
Brave: Firefighter John Pennington
Judges have attacked a fire authority which asked for an injured fireman to be denied compensation because he "should not have attempted to save a driver's life".
John Pennington was involved in a desperate bid to free a trapped driver following a multiple pile-up on the M25.
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During the rescue attempt the experienced firefighter lost part of his left forefinger while using a power ram in a last-ditch effort to save the stricken motorist, who later died.
He was awarded compensation, but Surrey fire officials said Mr Pennington should never have been involved in the rescue attempt as he was not trained to use the equipment.
Appealing against the pay-out, Surrey Fire Service and Surrey County Council have spent thousands of pounds arguing firemen must put their own safety first, even if that means abandoning accident victims to their fate.
But judges at the Court of Appeal yesterday dismissed the claim as "unrealistic", saying Mr Pennington had "acted reasonably" in attempting to save the driver's life.
The 46-year-old arrived at the crash scene to find a critically-injured lorry driver trapped in his crushed cab.
After a colleague was "overwhelmed by fatigue and exhaustion", Mr Pennington stepped in to take over the power ram which was being used to straighten out the mangled metal.
He had never used the equipment before and his hand got caught in its workings, injuring his finger despite the fact he wore protective gloves.
Last year a judge awarded Mr Pennington, of Selsey, West Sussex, £3,115 compensation for the injury.
But county fire officials have since spent several times the sum on an unsuccessful legal bid to strip the firefighter of his pay-out.
Rejecting the appeal, Lord Justice Pill said: "Without any training or experience on the ram, Mr Pennington took over the urgent attempt to save life.
"I find quite unacceptable the authorities approach to their duties as employers in such circumstances."
Fire officials claimed it was Mr Pennington's decision to use the ram and that firefighters "must put their own health and safety first, however unpalatable the consequences." The judge added: "The implication is that Mr Pennington ought not to have taken over from the leading hand and should not have attempted to save the driver's life.
"Not only is it unrealistic to conclude that Mr Pennington should not have continued with the rescue attempt, but he did what was expected of him. On the evidence, he acted reasonably."
Agreeing that the authorities' appeal should be dismissed, Lady Justice Arden said: "It was a situation of great stress, with the life of a road traffic victim at stake.
"There is no doubt that the fire and council authorities must have expected firemen to be called upon to use this machinery in some fairly horrific road accidents.
"They must have expected him to do his best in this situation and he was entitled to training to help him do so without risk to himself.
"On that basis it was not only Mr Pennington's own devotion to duty, without more, that was causative of this injury. The lack of training played a role too."
Motoring campaigners condemned the authorities' stance and encouraged people to come to the aid of stricken drivers.
"Everyone should do their utmost to save an injured motorist and Mr Pennington should be commended for his actions, not dragged through the courts," said a spokesman for the Association of British Drivers.
"The fire and council authorities' approach is ridiculous. They should be encouraging people to save lives, not discouraging them."
Reader views (10)
Nice to hear from the previous comments by KTyson, Jay, and Sue that the whole of England hasn't lost their minds....
- Tom Schilperoort, Lynden, USA
The very idea of withholding the awarded compensation from the fireman is more in keeping with the morals and values of politicians than anyone else. That they should also squander the people's money three, four or even five-fold in an attempt to stop the payment demonstrates these bureaucrats don't even believe in doing their own job competently. I know in my Country, my County, and my nearby city, those who move in to aid victims of accidents and even just incidents, are demonstrating the greatest gift one person can give another, the literal risking of their life for another. Anyone who doesn't understand this value has lost all their connection to moral and ethical reasoning. The most disgusting thing about this incident is that the politicians making the case against the awarding, will remain in office and might well be re-elected unless they are appointed, in which case we can be sure they will retain their appointment. Such people hold a high hatred for those who actually risk their lives for others because they themselves have so little character that they cannot imagine doing the same, and must justify their fears and their small stature in a world where real people are real heroes.
- John Mcclain, USA
He's a hero. He deserves his £3,000 and his employers deserve the sack for wasting public funds. In fairness though, it's not miserly compensation. Losing part of a forefinger isn't nice, but it's not going to destroy his life. He'd have got a lot more had it been his whole hand (and doubtless his scummy employers would have tried even harder to avoid paying up!).
- Nigel, London
I am alive today because of firefighters. I am burned over 60% of my body and am the only survivor of a house fire. These men (and some women) put their lives on the line every day. This man deserves a medal.
- Kara Tyson, Mobile, AL USA
Wow, what's the point of having firemen then? Let's sack them all and use that money elsewhere. Think about it. If you had no firemen and paremedics the building trade would flourish, hospitals would not be as crowded, the country would not be overcrowded...
- Jay, London, UK
What a disgrace denying this brave guy his miserly compensation. This country has completely lost the plot.
- Sue, Orpington, Kent
This is another example of those in a position of authority, abusing their position! This man, Pennington, did what was expected of him. His reimbursement was not very much compared to the injury he incurred.
The county counsel and fire service should be fined for not providing the training to use the emergency equipment. Also, they should be made to pay Mr. Pennington the amount it cost them to fight his pay-out. This man did what anyone one would do to help another in a severe accident. Then to be taken to court to get back the small amount he was awarded for loss of his fingertip, is beyond comprehensible. He should have been awarded a medal for his actions to save another!
- Laura, Ekalaka, Montana, USA
Health and safety has gone mad in this country, when the grey men in suits try to take back money from someone who was injured while trying to save a life. Firemen are trained to save lives, not to stand back in case they get tangled up in red tape and legislation. We should admire their bravery in doing a difficult, underpaid job, rather than trying to take what little money they have back off them.
- Sophie, London
I thought we were crazy over here in the states. You guys have lost your mind!
- Craig, Deerfield Beach Florida USA
I think the fire authority are shameful; the fireman heroic.
- Ab, London
