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A family who lost its home during the 2010 Herriman wildfire filed a civil lawsuit in U.S. District Court Wednesday against the U.S. government and the Army National Guard, whose target practice sparked the fire.
Jill and Gary Case along with Nadine Green, Jill Case's mother, lived in one of the three houses destroyed by the fire. The fire also destroyed the family's home-based roofing business.
The family claims the defendants were negligent, that based on "extreme" fire danger postings and the "Red Flag" warnings of the day, range practice should have not been allowed to happen on Sept. 19, 2010.
Army Garrison Camp Williams Range Control personnel authorized live firearm training about 8:30 a.m. at the M31 range on the day of the fire. About 12:30 p.m. that firearms training sparked a wildfire, the lawsuit states. "Ammunition fired by soldiers from the 65th Brigade or the 19th Special Forces Group cause the fire to ignite on the M31 range."
The lawsuit states that before the fire started a fire crew was at the range but once it was sparked, firefighters did not try to put it out. The fire spread past fire breaks and other obstacles into the nearby residential area reaching the Cases' home and business.
"The defendant took no action to warn the plaintiffs of the fire. Plaintiffs barely managed to escape their home minutes before the fire engulfed it," the lawsuit states.
The family claims range personnel fail to identify and consider the fire risks that were present along with the fire danger postings and warnings that had been issued before allowing training.
That failure included weekday and weekend staff on the fire desk not doing weather readings before the days prior to the fire. The same staff could have also obtained forecast-type information from the Wildland Fire Management personnel to ascertain fire conditions, but didn't, the lawsuit says.
"Had Range Control done so, it would certainly have known the 'Extreme' fire danger then in existence," the lawsuit states.
The forecast information can be use by range control in determining fire hazards, posting fire danger levels and issuing and withdrawing training, documents say.
The fire destroyed the family's furnishings, appliances, antiques, farm equipment, a barn, and landscaping.
Utah Army National Guard spokesman Maj. Bruce Roberts said he couldn't comment on the lawsuit because he hadn't yet reviewed it. However, he said the Guard has taken responsibility for the incident and made a number of changes to its procedures to ensure that type of accident never occurs again.
He said initially almost 1,500 claims were filed. As of Wednesday fewer than 100 remained outstanding, he said. He said the Army's federal claims office at Fort Carson is facilitating the settlement process.
The Cases are seeking seek an unspecified amount in damages.
Janelle Stecklein contributed to this report.