Kenneth Rush and Lisa Rush, Mark Frost and Diana Frost, along with Harold Chad Anderson and Courtney Anderson have filed the suit against the named defendants in the federal case, being former Butler Police chief Jeff Blom, former chief Jim Garnett and the late Jerry Cook, former Mayor of Butler.
The plaintiffs are petitioning for damages after serving a search warrant on Nov. 25th, 2007 at a Butler residence suspected to contain a meth lab. The plaintiffs allege that the defendants caused them harm in failing to ensure that the plaintiffs received training in using personal protective equipment, and as a result, Frost, Anderson and Rush were exposed to toxic chemicals while executing a search warrant on an active meth lab. Upon their entrance to the residence, one of the persons in the home began pouring chemicals into the sump pump, which when mixed with water created a vapor of sulfuric acid, Coleman fuel and ammonia.
The plaintiffs allege that exposure to the fumes has caused long term health problems as they were hospitalized for chemical pneumonia and heart murmurs after the incident.
Damages sought by the plaintiffs:
1. Negligence-violated ministerial duty/failure to provide mandatory training (plaintiffs vs. all defendants): Sum in excess of $25,000 and in an amount that is fair and reasonable.
2. Negligence-bad faith/reckless breach of duty to train (plaintiffs vs. all defendants): Sum in excess of $25,000 and in an amount that is fair and reasonable.
3. Diana Frost vs. defendants-loss of consortium/services: A sum in excess of $25,000 and in an amount that is fair and reasonable.
4. Courtney Anderson vs. defendants-loss of consortium/services: A sum in excess of $25,000 and in an amount that is fair and reasonable.
5. Lisa Rush vs. defendants-loss of consortium/services: A sum in excess of $25,000 and in an amount that is fair and reasonable.
