Clark Fountain Secures $4.25M for Victims of Fatal Flood Linked to Fire Sparked by U.S. Forest Service

Albuquerque, New Mexico – Attorneys Daniel D. Walker and Mark W. Clark of Clark, Fountain, Littky-Rubin & Whitman based in Palm Beach Gardens, Florida, have secured a $4.25 million settlement against the United States Government on behalf of a family who lost three loved ones in a tragic flash flood following the Hermit’s Peak/Calf Canyon Fire in Northern New Mexico.

In July of 2022, floodwaters carrying debris and ash from the Fire swept through the Tecolote Canyon, destroying the family’s cabin and tragically killing three family members who were inside.

Surviving family members retained the Clark Fountain Firm to represent them in a Federal Tort Claims Act lawsuit against the federal government as a result of the United States Forest Service’s negligence which caused the tragic deaths.

The history of events began on April 6, 2022, when the U.S. Forest Service started a prescribed burn in the Santa Fe National Forest Pescos-Las Vegas Ranger District in New Mexico. When used under the right conditions, prescribed burns are carefully planned and controlled fire used by land management professionals to reduce excess vegetation, lower wildfire risk, and maintain healthy ecosystems. If used correctly, it mimics natural fire cycles, improves forest health, and helps protect nearby communities from severe wildfires.

Tragically, the U.S. Forest Service started their prescribed burn without adequate data and information regarding wind conditions, drought conditions, and fuel conditions and ignored the data that was available to them. As a result, the fire was started under dangerously dry and windy conditions and without proper moisture testing.

The U.S. Forest Service also failed to follow mandates, including its own “burn plan”, which required certain measures and precautions to be taken in the preparation, lighting, and management of the prescribed burn. As a result, within hours of starting the prescribed burn, the U.S. Forest Service lost control of the fire, which was then declared a wildfire. The fire has since become known as the Hermit’s Peak/Calf Canyon Wildfire, and is the largest wildfire in recorded New Mexico history, destroying over 340,000 acres of land, both public and private.

The Fire created by the U.S. Forest Service left a “burn scar” in the affected areas which resulted in the loss of vegetative cover and loss of soil integrity which subsequently led to life-threating flash floods. Despite clear evidence of increased flood risk after severe wildfires, the Forest Service failed to evacuate or warn residents adequately. The agency also failed to construct necessary barriers or implement protections that could have prevented the tragic outcome.

“This was not an unavoidable natural disaster. It happened because of mistakes made by the U.S. Forest Service, an agency of the federal government” said attorney Daniel D. Walker. “They ignited these fires under unsafe conditions, failed to follow mandated burn plans, disregarded critical warnings, and failed to protect and warn people when life-threating flooding was clearly imminent. These families bore the consequence of the federal government’s negligence.”

“Our clients wanted accountability and justice for the loved ones they lost,” said attorney Mark W. Clark. “Government agencies have a responsibility to keep people safe. In this case, their negligence cost lives. Our job was to ensure that those responsible faced consequences and that improved safety measures are implemented so no other family will suffer such a tragedy.”

This settlement also follows the passage of the Hermit’s Peak/Calf Canyon Fire Assistance Act, which recognized the federal government’s responsibility for the disaster and provides support for victims and their families.

About Clark, Fountain, Littky-Rubin & Whitman

Clark, Fountain, Littky-Rubin & Whitman represents plaintiffs across the nation in catastrophic injury, wrongful death, and environmental negligence cases. The firm has achieved record verdicts and settlements in more than 28 states, consistently fighting to hold individuals and government and corporate entities accountable when their actions cause harm.