The City of Colorado Springs agrees to pay legal fees for firefighter accused of wrongful death
COLORADO SPRINGS, Colo. (KRDO) -- Monday at a work session, Colorado Springs City Council members agreed to pay the legal bills for a Colorado Springs firefighter named in a wrongful death suit.
According to the Colorado Springs Police Department, on Oct. 16, 2023, a brush truck responding to a fire in a tree stump hit and reportedly killed Margaret Miller, 76.
The firefighter with the Colorado Springs Fire Department (CSFD) who was driving the brush truck was identified as Wesley Cosgrove.
In January, Miller's daughter brought a lawsuit against Cosgrove, the City of Colorado Springs, the Colorado Springs Fire Department and El Paso County Emergency Services.
According to Monday's Work Session meeting agenda, the Civil Action Investigation Committee recommended that the City represent Cosgrove, as required by the Colorado Governmental Immunity Act. The agenda states, "the Firefighter was acting in the course and scope of his employment and was acting in good faith. As usual, it is recommended that the City reserve the right not to pay any award of punitive damages."
On Feb. 6th, Cosgrove pleaded guilty to careless driving, a class 2 traffic offense. Cosgrove was sentenced to pay less than $300 in fines and serve 100 hours of community service.
The Fourth Judicial District Attorney’s Office dismissed the careless driving resulting in death charge against Cosgrove after the guilty plea.
According to Monday's agenda, firefighters from the Colorado Springs Fire Department were dispatched in response to a fire in Dorchester Park on Oct. 16 just after 2:15 pm.
Firefighter Cosgrove drove a brush truck into the park. The agenda states Cosgrove was ordered to do so by his own commander.
"As he approached the fire, he slowly attempted to drive around a pile of items," the city council work session agenda states. "After passing the items, he stopped the truck and began working to put out the fire. When an unidentified individual began pointing at the items, Firefighter Cosgrove walked over to them and pulled back a blanket revealing Ms. Miller, who until that point had been completely covered."
No disciplinary action was taken against Cosgrove following Miller's death. At the time of the incident, Fire station 3 crew members involved were directed to go home on paid leave. A spokesperson for Colorado Springs Fire says this was due to the emotional nature of the incident.
Cosgrove was on paid leave for six work days following Miller's death.
The fire department says they holding off from commenting on the lawsuit until after they receive direction from Colorado Springs city leaders and council.
13 Investigates reached out to the attorney's representing Miller's family for comment, and are waiting on a response.
Watch the City Council work session below:
