Court rejects lawsuit against Yishai on Carmel fire death

Husband of late Haifa police chief's suit against Interior Minister turned down due to state immunity on damages sustained during police service.

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May 5, 2011 10:18
1 minute read.
Haifa Police Chief Dep.-Cmdr. Ahuva Tomer

Haifa Police Chief Dep.-Cmdr. Ahuva Tomer 311. (photo credit: Israel Police)

 
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The Haifa District Court on Wednesday rejected a lawsuit by Danny Rozen, husband of late Haifa police chief Ahuva Tomer, filed against Interior Minister Eli Yishai.

Rozen sued the state and Yishai for NIS 3 million in January, and demanded Yishai’s resignation over what he said was criminal negligence by the Israel Fire and Rescue Service.

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In its reply to the lawsuit, the state said Tomer had lost her life in the Mount Carmel forest fire while carrying out her police duties, and that the law grants the state immunity from paying damages sustained during police service.

The state’s reply expressed “understanding for the pain over this tragic disaster. At the same time... the lawsuit should be rejected because of the state’s immunity to damages...and the police service of the deceased [Ahuva Tomer].”

The court asked Rozen to respond to the state’s defense, but dismissed the case after receiving no response, it said.

Tomer died on December 6, four days after suffering burns over 90 percent of her body when she rushed to save lives of prison wardens in a burning bus during the fire that killed 43 other people as well.

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