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Lawsuit: Radio Failure Doomed Fallen Firefighters

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Lawsuit: Radio Failure Doomed Fallen Firefighters

PHILADELPHIA (CBS 3) ― In a CBS 3 I-Team exclusive, there are stunning allegations that a failure in Philadelphia's fire radio system doomed two firefighters who were trapped inside a burning basement.

A lawsuit claims if their calls were heard, they could have been saved.

Captain John Taylor and firefighter Rey Rubio died while battling a house fire in Port Richmond on August 20, 2004.

The lawsuit alleges Taylor and Rubio died because their desperate calls for help could not be heard over a fire radio system that failed.

The lawsuit has been filed against the radio's manufacturing company, Motorola.

A portion of the lawsuit read in part: "Capt. Taylor … declared an emergency on his radio … no other firefighters at the scene heard his emergency message. The Battalion Chief made numerous calls to Capt. Taylor but received no response."

Philadelphia City Councilman Frank Rizzo reacted to the tragic incident.

"When you're in trouble, you need your communication system to work and work properly, there is no second chance," Rizzo said.

Rizzo and several colleagues held hearings on radio failure barely a month before the tragic deaths of Taylor and Rubio.

In April of 2004, an almost identical radio failure left a firefighter seriously injured after he was trapped inside a Wynnefield home.

In a separate lawsuit, a portion read: "(The firefighter) could not find his way out of the room because of the thick smoke … so he pressed the talk button … and asked for help. (He) did not receive … any response to his emergency call."

"When you need help, you need it right away, you don't have time to play," Rizzo said.

Motorola declined comment citing pending litigation.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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