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Friday, August 18, 2023

Victims of 2016 wildfire that spread from Smokies park will get to pursue their claims against National Park Service

The town of Gatlinburg, Tennessee, was surrounded and invaded by wildfires that spread from the adjoining Great Smoky Mountains National Park in November 2016; 14 people died. (File photo by Pail Efird, Knoxville News Sentinel)

As the nation comes to grips with increased threat of wildfires, a federal court has reopened the door to damage claims from victims of a fire that burned part of a town next to the Great Smoky Mountains National Park almost seven years ago and may have been a harbinger of change.

Under a federal appeals court ruling Thursday, victims will still be able to sue the National Park Service for alleged mismanagement that led to the fire. The court "unanimously overruled a district judge who dismissed the suit over what amounted to a paperwork error," reports Tyler Whetstone of the Knoxville News Sentinel.

"U.S. District Judge Ronnie Greer ruled last year the families failed in court documents to include core assertions that are required to proceed with the lawsuit. . . . Officials have not been interviewed under oath. No one has had to answer for what went wrong that deadly Thanksgiving weekend," when 14 people died. The News Sentinel has reported that park officials were aware of the dangers the fire posed but failed to notify city or county officials until midday Nov. 28, 2016. By then fire was speeding toward Gatlinburg," a town of 4,000 that adjoins the park's main entrance.

The park's fire manager "saw weather reports calling for high winds ahead of predicted rainfall and knew trouble could be on its way" four days into the fire, Whetstone notes. "The fire was still small at the time. He texted a park firefighter saying things would be 'interesting with 60 mph gusts predicted ... not sure any of us can do much at this point.' A third-party report paid for by Gatlinburg and Sevier County after the fire said a lack of information led to the disaster."

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