The mother of Granite Mountain Hotshot firefighter Grant McKee has filed a petition with the Arizona Supreme Court to review lower court decisions that rejected her wrongful death claim in connection with the death of her son during the Yarnell Hill Fire in 2013.
The petition, which was filed by Scottsdale attorney David L. Abney on behalf of Marcia McKee, raises four issues:
- Whether the City of Prescott legally approved an Intergovernmental Agreement with the state that made McKee and the other 18 Granite Mountain Hotshots who died during the fire temporary state employees and therefore providing the state employer-based immunity from a wrongful death claim.
- A jury should have been allowed to determine whether the state’s conduct in managing the Yarnell Hill Fire amounted to “willful misconduct” which would have nullified the state’s employer-based immunity protection.
- Neither Grant McKee, or his mother asked for, nor accepted, any workers’ compensation benefits. Therefore, Marcia McKee did not waive her right to sue the state for causing her son’s wrongful death.
- Is Marcia McKee entitled to assert claims of intentional infliction of emotional distress arising from the state causing her son to suffer a horrendous death and from the state’s cover-up of its wrongdoing?
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