JOHNSON v. CITY OF PHILADELPHIA

No. 19-2938.

975 F.3d 394 (2020)

Tamika JOHNSON, Individually and as Administratrix of the Estates of Alita Johnson, Horace McCouellem, and Haashim Johnson, Appellant v. CITY OF PHILADELPHIA; Philadelphia Fire Department; Adam Thiel, Philadelphia Fire Department; Jane DOE, Philadelphia Fire Department Operator; Jane Doe, Philadelphia Fire Department Dispatcher.

United States Court of Appeals, Third Circuit.

Opinion filed: September 22, 2020.


Attorney(s) appearing for the Case

Thomas A. Lynam, III , Leonard G. Villari [ARGUED], Villari Lentz & Lynam, 100 North 20th Street, Suite 302, Philadelphia, PA 19103, Counsel for Appellant.

Kelly S. Diffily , Craig R. Gottlieb , Jane L. Istvan [ARGUED], City of Philadelphia Law Department, 17th Floor, 1515 Arch Street, Philadelphia, PA 19102, Counsel for Appellees.

Before: GREENAWAY, JR., PORTER, and MATEY, Circuit Judges.


OPINION

Alita Johnson, her son Haashim Johnson, and her stepfather Horace McCouellem died in a fire that engulfed their Philadelphia apartment. In the glare of hindsight, their deaths seem senseless. With the building already burning, Ms. Johnson called 911. A fire department operator instructed her to remain inside...

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