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Court in Alexandria on Oct. 17, alleges that “Miller carelessly and negligently drove a fire truck owned by [Co. 7] onto a railroad crossing . . . causing the train and truck to collide.” Amtrak also seeks costs and interest, and with possible suits by the passengers, the total could rise considerably.
The suit has raised fears among Fauquier fire and rescue volunteers that they may be risking more than their fives when they respond to calls for help.
“We’ve talked about it, kicked around what it might mean,” said Warrenton Rescue Company 6 Chief Justin Clayton. “I just don’t know. There are a lot of things that might happen.”
“Culpeper is looking at the suit’s implications, as are a lot of other guys. I hope it doesn’t have a negative impact on our services,” he said.
Remington Rescue Squad Chief Donald Mason said he would walk away from vqlunteer service “the minute a volunteer gets sued for doing his or her job properly. Volunteers in Fauquier provide the county with a valuable service for basically nothing.”
One source said Amtrak had probably named Miller’s estate in the suit to “get at” a $500,000 vehicular insurance policy held by the county Fire and Rescue Association.
Association president Richard Sanders confirmed that the association has insured the Catlett Fire Company with at least two policies — a $1 million liability policy and the $500,000 vehicle policy. He did not know if Amtrak's strategy was to go after the smaller policy. • “The impact on fire and rescue services will only be determined once all the issues have been resolved,” said Sanders, reflecting a wait-and-see attitude held by many others. “I can’t comment on the intent of the lawsuit, and I haven’t dealt directly with anyone from Amtrak.”
Despite the uncertainty that the specter of the lawsuit brought to area fire and rescue companies, all reported that they were answering calls as usual, and no one has decided that the financial risk has become too great.
“They’re still doing their jobs to the best of their abilities, and we’re a very lucky county because of it,” said county emergency services coordinator Chuck Thompson.
But many are watching the suit closely, concerned that they may end up, like Miller, named in a million-dollar suit.
Mason said that simply going through the process of a lawsuit is an experience he would rather do with
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