By MES Dispatch Staff
The Briefing
- A Whiteside County, Illinois, judge upheld a jury’s finding that the city of Rock Falls is liable in the 2021 death of Sterling Fire Lt. Garrett Ramos, who fell into an undetected basement while fighting a house fire.
- Judge James Heuerman reduced the jury’s original $31.5 million award by $3 million, to $28.5 million, after finding an emotional distress award overlapped with a separate pain-and-suffering award.
- The jury had found former Rock Falls Fire Chiefs Cris Bouwens and Ken Wolf each 50% responsible, citing failures to verify the basement’s presence, appoint a safety officer, respond promptly to mayday calls and properly train for mayday and accountability procedures.
- Heuerman rejected all defense arguments seeking to overturn the verdict, including claims of discretionary immunity and that Ramos was a “loaned employee” under workers’ compensation law.
- Ramos’ widow, Brittney Ramos, has 30 days to accept the reduced award or proceed to a new trial on damages; the city’s attorney said it will appeal if she accepts.
STERLING, Ill. — A Whiteside County judge has upheld a jury’s finding that the city of Rock Falls is financially liable for the death of Sterling Fire Lt. Garrett Ramos, who died in a basement while fighting a house fire in December 2021, while reducing the jury’s original award by $3 million.
Whiteside County Circuit Court Judge James Heuerman ruled Monday that the $31.5 million verdict would be cut to $28.5 million, pending acceptance by Ramos’ widow, Brittney Ramos, who filed the lawsuit in December 2022. Heuerman removed a separate $3 million emotional distress award, finding it overlapped with a $7 million award for pain and suffering.
Ramos, 38, was a lieutenant with the Sterling Fire Department who responded to a house fire on Ridge Road in Rock Falls the night of Dec. 3, 2021, as part of a mutual-aid crew. Around midnight, while fighting the fire inside the home, he fell through a hole in the floor into an undetected basement. He issued two mayday calls, but incident commander Cris Bouwens and other command officers did not know who was calling or where he was; they initially misidentified another firefighter as missing, and when that firefighter was found safe, the mayday calls were not pursued further. Firefighters located Ramos roughly 30 minutes later. Investigators concluded he survived about 17 minutes after the fall and died of asphyxiation.
The jury found Bouwens and former Chief Ken Wolf each 50% responsible for Ramos’ death, citing failures to verify the presence of a basement before sending firefighters inside, appoint a safety officer, withdraw interior crews in a timely manner, respond promptly to the mayday call, execute a personnel accountability report and adequately train for mayday and accountability procedures.
Heuerman rejected every legal argument the city and the former chiefs raised to overturn the verdict, including claims that Ramos was a “loaned employee” under workers’ compensation law shielding the city from liability, that the defendants were protected by discretionary immunity, and that the evidence did not support a finding of willful and wanton conduct. Heuerman found the defendants had forfeited several of those arguments by not raising them before the jury during trial, and that the verdict was supported by the evidence presented.
Brittney Ramos has 30 days to decide whether to accept the reduced award. If she rejects it, a new trial will be held solely to determine damages. If she accepts, a stay on the judgment will be lifted, and Rock Falls will owe $28.5 million. Defense attorney Joseph Culig said the city plans to appeal to a higher court and seek a stay on the judgment if the reduction is accepted. A status hearing is scheduled for 9 a.m. Oct. 2 in Whiteside County Circuit Court.