By John Cote
The San Francisco Chronicle
SAN FRANCISCO — The city attorney's office has reached a tentative settlement with the parents of a Seattle man who plunged to his death from a Nob Hill rooftop in 2006 during a rescue attempt by a San Francisco fire lieutenant, court records show.
The settlement in the death of Nick Torrico, 26, must still go before the city's Fire Commission, which could vote Thursday to recommend that the Board of Supervisors approve the unspecified payment.
Members of that commission hailed the firefighter who attempted the rescue, Lt. Victor Wyrsch, as a hero during a meeting two weeks after the incident and gave him their unanimous support.
Fire Commission President George Lau and a spokesman for the city attorney's office declined to comment on details of the proposed settlement, including the amount, until city officials decide whether to approve it.
Torrico, 26, died Oct. 12, 2006, after falling four stories from the roof of a Powell Street apartment building. He fell after Wyrsch tried to grab him from behind as he sat on the edge of the roof.
An attorney for Torrico's family, which filed a federal civil rights lawsuit against the city in July 2007, also declined to reveal the settlement amount but called it a "reasonable compromise."
"The law is extremely protective of any rescue personnel," attorney Michael Meadows said. "They have various immunities that makes cases against them based on negligence almost impossible.
"On the other hand, this was clearly a botched rescue," he said. "Things should have been done differently."
The city medical examiner was unable to determine whether the death was an accident or suicide. Dr. Judy Melinek, the assistant medical examiner, wrote that Torrico's acts that day — including removing his shoes and climbing up the building's outdoor fire escape — "appeared organized and intentionally self-destructive in nature."
A videotape of the incident shot by a visiting Idaho businessman from the nearby Fairmont Hotel appears to show Torrico struggling to keep from falling down the slanted tile roof as Wyrsch tried but failed to hang on to him.
Copyright 2008, The San Francisco Chronicle
