Reno County family files wrongful death suit stemming from 2015 wildfire

Jan. 12--A Reno County family has filed a wrongful death suit against its neighbor in connection with a March 2015 wildfire that the family contends contributed to the death of their husband and father.

Attorneys for Cynthia Stohr and her children, Matthew and Jeffrey Stohr, 9002 N. Plum, filed the suit against Peter and Shawnee Scharer and David Farris, a caretaker of the Scharer's property at 601 E. 85th St.

The suit claims Ernest A. Stohr, 60, who was physically disabled and "confined to a wheelchair" after previously losing both legs, died March 30, 2015, from complications of smoke inhalation he suffered from the March 16 fire.

The suit states that Farris, "a hired man and caretaker of the Scharer property" who now lives in Oklahoma, started the fire on the Scharer property about a half-mile south of the Stohrs, despite there being a "red flag warning" in the county due to extreme fire danger.

Reno County prohibits burning if winds exceed 15 mph and if the grassland fire danger is very high or extreme. At the time the fire, the suit and news reports about the fire state, winds were at 23 mph and gusting to 31, with relative humidity of only 13 percent.

Fire officials at the time said the late afternoon fire in the 9000 block of North Plum appeared to have started from an illegal burn. Some 50 fire units and 90 personnel battled the blaze, which ranged from an eighth- to quarter-mile wide as it jumped 95th Avenue.

Fire officials reported at the time there were no injuries from the wildfire, but it caused an estimated $20,000 damage to home in the 8500 block of North Plum.

The family contends Farris failed to notify Reno County Emergency Communications prior to starting the fire, that he failed to obtain authorization to burn and he that he did not establish a fire break of at least 20 feet on all sides of the field to be burned, as required by the county rules.

The suit also states Farris ignited other fires on the property prior to March 16 that also damaged adjoining property. The Stohrs allege that the Scharers were negligent in hiring Farris, for not properly training him and in not firing him after the previous fires caused damage.

"Ernest A. Stohr did not die immediately following the fire but, rather, suffered for two weeks before succumbing to his injuries, including hospitalization for more than a week," the suit states.

The Stohrs are seeking more than $75,000 for medical bills and other damages, in excess of $75,000 for "economic and non-economic losses" and in excess of $75,000 for wrongful death.

David Harger of Wise and Reber LLC in McPherson filed the suit electronically Dec. 21.

The Scharers have not yet filed a response and Peter Scharer declined comment, referring questions to his insurance company. The News was unable to get comment from his insurer.

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