Robbie Hargett Oct. 13, 2015, 12:58pm


An insurance company is suing Dickinson, alleging its fire department failed to contain a house fire.

Nationwide Property & Casualty Insurance Company filed a lawsuit Sept. 30 in Galveston County District Court against the city of Dickinson, alleging negligence and vicarious liability.

Around 3 p.m. on Aug. 30, 2014, the complaint states, a fire occurred at 5032 Scenic Drive in Dickinson, a residence owned by Tommy and Carol Dayton and insured by Nationwide Property & Casualty. Around 4:48 p.m., the Dickinson fire department arrived to assist in putting out the fire, the suit says but when firefighters attempted to hook up the truck to a fire hydrant, but the hydrant was empty.

A fire boat then attempted to respond to the scene but became stuck and took two hours to get towed, the suit says, and, as a result, the fire was not contained and the residence burned down.

The complaint alleges the city of Dickinson, through its agents, was negligent in failing to adequately maintain and inspect the fire hydrant to make sure it contained water and function properly, failing to ensure that its water boats had proper entry into the waterway, and failing to make sure the waterway was sufficiently open to enable easy access, among other negligent acts or omissions.

The plaintiff brings this suit, as subrogee, to recover all sums paid to its insured parties, the Daytons.

Nationwide Property & Casualty Insurance seeks damages in the amount incurred as a result of the fire, interests and costs of the suit. It is represented by attorney Lisa Chastain of the Law Office of Driskell & Wright in Irving.

Galveston County District Court case number 15-cv-1051.

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