Federal Signal Corporation to Resolve Hundreds of
Firefighter Claims After Significant Trial Victories
January 2011
Federal Signal Corporation (NYSE: FSS), a leader in environmental, safety
and transportation solutions, announced today that it has reached a
settlement with 1,125 firefighters, represented by attorney Joseph Cappelli,
in connection with hearing loss claims. This agreement was reached after
Federal Signal obtained complete defense verdicts in consecutive recent
trials involving the cases of 18 firefighter plaintiffs represented by Mr.
Cappelli. Federal Signal also prevailed on pretrial motions with respect to
three other plaintiffs represented by Mr. Cappelli.
Jennifer Sherman, Chief Administrative Officer, General Counsel and
Secretary of Federal Signal, said, "This settlement with 1,125 firefighters
represents a very favorable development for the Company in the hearing loss
litigation. As demonstrated in our recent trial victories, as well as our
track record generally throughout this litigation, Federal Signal has strong
defenses to these claims and we are committed to defending our siren
products and litigating these cases as necessary. Sirens are necessary
public safety products and save lives."
Mr. Cappelli stated, "I am happy that we have been able to resolve these
cases with Federal Signal. Years of litigation and several trials have
brought both sides to the point where settlement makes sense. After
extensively investigating fire departments in various states and handling
several hundred individual firefighter cases, I have concluded that most
firefighter claims are complicated and challenging cases to win. There are
multiple obstacles to overcome to achieve success in these cases, including
the minimal exposure times to sirens and the fact that Federal Signal has
warned about the risk of hearing loss since 1986. I believe these were
significant factors in several jury trials in which Federal Signal
prevailed."
Under the settlement agreement, Federal Signal will make a payment of
$3,800,000, reduced by the percentage of firefighters who do not participate
in the settlement. In order to receive any payment, a minimum of 93% of
certain claimants must participate in the settlement.
The settlement with these 1,125 firefighters follows dismissals of all
hearing loss cases filed against Federal Signal in Maryland, New Jersey, and
Missouri during the past three years. Federal Signal also won dismissal of
similar hearing loss claims filed by four New Yorkfirefighters, which was
affirmed by an appeals court in 2009. Federal Signal remains a defendant in
hearing loss cases filed in Cook County, Illinois. In Cook County, Federal
Signal obtained a complete defense verdict in a consolidated trial involving
27 firefighter plaintiffs during 2008. Federal Signal lost one jury trial in
Cook County in February 2009 involving nine firefighters, the verdict of
which is under appeal. The claims of 74 other Cook County firefighters have
been dismissed over the course of this litigation. Federal Signal also lost
a jury trial in Philadelphia in March 2010 involving one firefighter, in
which the jury found the Company's siren was not defective, but nonetheless
awarded damages for negligence.
About Federal Signal
Federal Signal Corporation (NYSE: FSS) enhances the safety, security and
well-being of communities and workplaces around the world. Founded in 1901,
Federal Signal is a leading global designer and manufacturer of products and
total solutions that serve municipal, governmental, industrial and
institutional customers. Headquartered in Oak Brook, Ill., with
manufacturing facilities worldwide, the Company operates four groups: Safety
and Security Systems, Environmental Solutions, Federal Signal Technologies,
and Fire Rescue. For more information on Federal Signal, visit: http://www.federalsignal.com.
SOURCE Federal Signal Corporation