Deborah Kane poses at her home in Dallas. Kane was shocked when Dallas Fire-Rescue broke down her door, after they went to the wrong house.
Anja Schlein/Special Contributor
Imagine it’s just before dawn, and you’re in the bathroom brushing your teeth. Suddenly you hear deafening crashes at your front door.
Your front door bursts open and members of Dallas Fire-Rescue run inside to answer a 911 call.
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Only these firefighters have the wrong house.
That’s what happened to Deborah Kane of Dallas. She said she was “extremely frightened.” Who wouldn’t be?
Last year when firefighters broke her door, they told her not to worry. She later told me how relieved she was that it wasn’t a criminal intruder.
Firefighters apologized and gave her the phone number for the city’s office of risk management. They said the city would pay her to replace the door.
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She heard one firefighter on the phone saying, “We scared the bejesus out of this lady.”
In a story I first told you last year. It was all downhill from there.
Kane did as she was instructed. She got a $4,100 estimate. But city officials didn’t care. Dallas, like most cities, is covered by legal rules that make it extremely difficult to get a government to pay for its mistakes. Governments have legal immunity.
Usually, if you get a flat tire because of a pothole, a government won’t pay. Same goes for a streetlight that falls on your car. Tough luck.
Officials deny claims easily without much time or thought. That’s what makes this story so unusual.
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Lawyers with heart
There are only a few exceptions to the immunity law, but firefighters busting your front double doors isn’t one of them.
Still, my story apparently touched the heart of Dallas lawyer Tyler Milton. He wrote me: “I’m a condemnation lawyer and have litigated against the city quite a bit. Have her call me. I’m happy to help her pro bono and see if we can get some compensation for her door. No promises though. The law is murky and usually in favor of the municipalities.”
I did my part: “Deborah,” I said. “Meet Tyler Milton.”
Legal strategy
Milton and his legal partner Christopher Norris of the Dawson & Sodd law firm got to work. At first, their request for $4,100 was denied. No surprise there.
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Pro bono — doing the case for free — is no small thing. Milton told me these lawsuits are extremely rare because “they’re really hard, challenging and expensive.”
They realized that they needed to apply “a little pressure” to City Hall and what he called “government resistance.”
They put on the pressure two ways. They found two similar court cases that could be applied. And they told city lawyers they were ready to file a lawsuit. “I was hoping that logic and reason would prevail,” Milton said.
The city attorneys looked at it again.
The city likely realized, the lawyers said, that legal costs would exceed $4,100.
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I certainly didn’t have hope. As I wrote last year, “Sadly, she’s likely to be left holding the bill — another Texan caught in a system designed to protect the government, not the governed.”
A Dallas Fire Rescue officer tries to repair Deborah Kane’s door after officers knock it down to gain entry. But it was the wrong house.
Courtesy of Deborah Kane
A rare case
I underestimated the skills of two determined Dallas lawyers, and, to its credit, the unexpected compassion shown by the Dallas city attorney’s office. The city attorney’s office did not return my call.
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The other day Kane went to her mailbox and found a check from the city of Dallas for $4,100, the full cost to repair her door.
Kane told The Watchdog, “I can’t thank you enough. This never would have happened without you, honestly.”
In a letter to Kane, Milton wrote, “It’s not often that big cities back down, but I’m so glad they did in this instance for you. I’ve worked on hundreds of cases over my career, and I can honestly say this is one of my very favorite results in the last 20 years.”
Government immunity remains a formidable barrier for people seeking compensation. That’s why this outcome matters. It shows that persistence, good lawyering and a willingness to reconsider can sometimes overcome even the toughest odds.
Note: If you’re looking for a lawyer who may work pro bono for you, a good place to start is your local county bar association.