Five insurance companies filed a federal lawsuit Wednesday contending the U.S. government should pay more than $7 million in damages caused when federal forestry employee Terry Barton ignited the Hayman wildfire in 2002.
As a technician for the U.S. Forest Service, Barton had a duty to enforce a fire ban and fight the blaze she started in the Pike National Forest when she burned a letter from her estranged husband, according to the lawsuit.
The insurance companies contend both Barton and the forestry service were grossly negligent, and they are seeking reimbursement for claims they paid to homeowners in the wake of the fire.
On the Saturday afternoon of June 8, 2002, Barton was alone as she drove a forestry service truck to patrol public lands. Her mission was to enforce the fire ban, according to the lawsuit.
As part of a plea agreement on criminal charges, Barton admitted to starting a fire in a campfire ring while on duty. She has said she was distraught after receiving a letter from her estranged husband in which he said their planned divorce would not be amicable. She has admitted that the fire, which scorched 138,000 acres, started when she burned the letter.
The lawsuit claims that a series of missteps, including poor training and clogged radio dispatch lines, contributed to the fire getting out of control.
The federal government, through the forestry service, is liable for the negligent acts of Barton, according to the lawsuit.
The companies that filed the lawsuit are State Farm Fire & Casualty Co., Hartford Underwriters Insurance Co., Property and Casualty Insurance Company of Hartford, Hartford Fire Insurance Co. and Allstate Insurance Co.
