A Cochise County jury has awarded $50,800 in damages to a Tombstone man injured while rescuing six dogs from a friend’s burning RV in 2018, in a fire most likely ignited after the friend tinkered with a malfunctioning refrigerator in the RV.
Vincenzo Foster sued his friend Steven Muccillo in 2020, seeking damages after he suffered burns and smoke inhalation in the early hours fire on Feb. 25, 2018 at the Wells Fargo RV Park where both men had RVs. The trial began Sept. 10 and concluded last week with a verdict in favor of Foster after jurors heard conflicting testimony from the two men.
The jury also had to weigh whether Foster bore responsibility for his injuries due to his decisions to go into Muccillo’s burning RV three separate times and to enter a neighboring RV which was on fire to rescue that occupant.
According to Foster’s trial testimony, he arrived at Muccillo’s RV in the late morning of Feb. 24, 2018 to find a woman taking food items out of the RV’s refrigerator and into a cooler. The RV’s outside panel to the refrigerator was open, and Muccillo was “working” on the refrigerator himself because a repairman was not available at the time, Foster said.
A short time later the two men left the RV park on foot to spend time at a number of Tombstone’s saloons. Muccillo left the panel open with the fan still turning, Foster testified.
Nearly 12 hours later, they saw flames coming from the direction of the RV park while walking home just before 2 a.m. on Feb. 25. As the two got closer, they saw fire coming from Muccillo’s RV where his six dogs had been left crated while the men drank, ate, and played pool in town.
Foster testified he instinctively took Muccillo’s keys and went into the burning RV to save the dogs. The first time he went inside he saw flames and light colored smoke coming from the refrigerator area. He was only able to carry out three dogs so he ran back into the RV for the remaining dogs.
This time, Foster testified, the smoke was darker and thicker, but he was still able to get the other dogs to safety. Then Foster ran to a RV parked next door where he woke the male resident because that RV was now burning.
Foster also moved the propane tanks of his own RV which was parked the next spot over. The flames eventually fully engulfed all three of those RVs and others were also damaged before the Tombstone Fire Department brought the fire under control.
Under oath, Foster admitted he planned to go back into Muccillo’s burning RV once again after reportedly being asked to retrieve some of his friend’s valuable property. Witnesses later told investigators Foster also moved Muccillo’s vehicles to safety, but Foster testified he has no memory of doing so nor of collapsing near the RV.
EMTs initially transported Foster to Canyon Vista Medical Center in Sierra Vista but he was soon enroute to Banner UMC on a medical helicopter. He was treated for carbon monoxide poisoning, a collapsed lung, and first degree thermal burns to his face, neck, and chest.
Over the next several months Foster incurred tens of thousands of dollars in medical expenses as he waited for his injuries to heal, according to evidence submitted to the jury. In the meantime, a fire marshal opined the fire started in Muccillo’s trailer at or near the refrigerator.
With the two-year statute of limitations approaching, Foster sued Muccillo in February 2020, arguing that the legal doctrine of “rescuer’s doctrine” allowed someone injured during a rescue of persons or property to pursue a claim against those whose negligence created the danger in the first place.
Muccillo was the only defense witness to testify, with much of his testimony being in conflict with what the jury heard from Foster. His attorney, representing State Farm Insurance, made strong arguments about Foster’s own responsibility for his repeated choices that morning to place himself in harm’s way.
Judge David Thorn did not allow jurors to be told Muccillo had insurance coverage through a major company, so they would not be influenced by that fact in their verdict.
Thorn initially empaneled 10 jurors, with the plan being for only eight to be involved in deliberation at the end of testimony and closing arguments. Those jurors were very involved during the trial, asking more than a dozen questions during witness testimony.
What was unforeseen was for three jurors to need to be excused, including one on deliberation day. In the end the parties agreed to have only six jurors participate in reaching the final verdict.
Those deliberations began shortly before Noon on Sept. 16. At 1:35 p.m. the verdict was read, with the jury finding in favor of Foster and awarding him $50,800 in damages.
Thorn must still issue a final judgment before the award is confirmed. He will also have to decide what, if anything, to award Foster for attorney’s fees as the prevailing party. Muccillo will then have the option of appealing the verdict.
