Fire captain's widow files $2 million tort claim against city

Oct. 23--Shelli Farley, wife of deceased Claremore Fire Department Captain Jason Farley and the personal representative of his estate, has filed a $2 million tort claim against the City of Claremore for the drowning death of her husband.

"We have received the claim and have turned it over to the insurance company for processing," said Claremore City Attorney Bryan Drummond.

Jason Farley died earlier this year during a rescue of individuals stranded by flash flooding in a duplex on Archer Court in Claremore. Farley lost his life during the rescue attempt when he was pulled into a storm drain and became trapped. Firefighters were ultimately able to get those stranded -- including a woman and six small children attending a birthday party -- to safety.

Sarah Conrath, legal associate at Woodley & McGillivary LLP, which is representing Farley, said, "Honestly, talking to Shelli, she had a lot of trouble putting a value on her husband's life, and now she has to support herself without her husband. The number ($2 million) comes from thinking about her pain and suffering and the amount of future support she needs. The tragedy she and her daughter are dealing with could have been avoided."

Farley, 44, was a 19-year Claremore Fire Department veteran.

"Three firefighters attempted to rescue Captain Farley, but they were unsuccessful, and both Farley and one of his attempted rescuers were pulled into a flooded 36-inch drainage pipe that had no grates, barriers, or markings. The drainage pipe was dissected by another pipe, which trapped Captain Farley and, tragically, he drowned," the tort claim states.

The tort claim also states if the city had installed a grate, safety fence or other barrier, Captain Farley would not have died during the rescue.

"The city is liable for losses resulting from Captain Farley's death because its obvious negligence directly resulted in his wrongful death. The city negligently failed to maintain the drainpipe and its grate cover," the tort claim states.

Gaither v. City of Tulsa is cited in the claim. According to the cited case, in 1982, a mother of a five-year-old boy was awarded $262,000 from the city of Tulsa because the boy fell through a rotten piece of plywood covering an inlet to a drainage conduit and drowned. The jury found the city was 60 percent negligent in failing to properly secure the inlet with a permanent covering.

The city has 90 days to respond to the tort claim.

Farley is represented by both Woodley & McGillivary, a Washington D.C.-based law firm, and Frasier, Frasier & Hickman, LLP in Tulsa.

On Oct. 5 the city council voted to approve the Planning and Development Services Department's pursuit of a $1 million FEMA grant to purchase structures in flood-prone areas, including the duplexes on Archer Court. The structures would be destroyed and the area repurposed for flood management.

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