City offers clarification on firefighter’s lawsuit lien (official city statement)

On May 5, the Clinton Herald published a factually accurate article reporting the City of Clinton filed a lien in the ongoing lawsuit filed by the families of firefighters Eric Hosette and Adam Cain against Archer Daniels Midland Corporation.  The lawsuit arose out of serious injuries suffered by Adam Cain and the death of Eric Hosette, which occurred in a January 2019 fire at the ADM facility.

Some citizens reacted negatively to the article and drew conclusions critical of the City based on an inaccurate understanding of the legal system.  In social media posts, these citizens alleged that, by filing its lien, the City is “going after” the families.  This is utterly untrue.  The firefighters’ medical bills were fully paid by the City of Clinton, both because the law requires it and because the City felt it had a moral responsibility to care for the firefighters, who acted heroically and in the highest traditions of the fire service on the day the tragedy occurred.

Although the families paid nothing whatever for the medical care of the firefighters, their lawsuit nonetheless demands reimbursement for these medical bills.  In personal injury cases, if medical bills were already paid by a third-party, such as the City or an insurance company, that third party is entitled to reimbursement for the medical bills paid.  The families cannot “double dip” for expenses they never paid.

The actions of the City Council in directing the filing of the lien was a perfectly normal and appropriate action, which allows the taxpayers to be reimbursed for medical bills properly attributable to the defendants in the lawsuit.  In no way should this action be viewed as “going after” the families.  The families are seeking much broader damages than medical bills, and the City’s actions have nothing to do with those broader damages.   If citizens have further questions about the lien filed by the City, they should call City Administrator, Matt Brooke.

From city’s official website

About Dave Vickers

Dave has been News Director since 1983 and has been Station General Manager since 1999. Dave has also served on the Board of Directors of the Iowa Broadcast News Association and the Iowa Broadcast Association and has served on the Iowa Freedom of Information Council.
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