Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
Kansas City, Missouri reached a $280,000 settlement with Hope Nkani and Gift Nkani, parents of 7-year-old boy Obarimomoya Nkani who was struck and killed by a responding city fire truck in 2009.
Obarimomoya was returning home from Woodland Elementary School on March 2, 2009 when he when he ran into the street and was struck by a fire truck. It is reported that a moving truck belonging to Father and Son Moving and Storage company blocked fire truck driver’s view of the boy.
There were conflicting reports about whether the fire truck’s siren and lights were activated at the time of the accident. In addition, the truck’s brakes failed an initial test following the accident, but subsequently passed two closer examinations.
The lawsuit was filed alleging negligence on the part of the city, Father and Son Moving and Storage, the Kansas City School District and Securitas Security Service. The suit claimed the apparatus driver failed to use the highest level of care while driving through an known and marked school zone route at 3.30 pm rather than taking an alternate route.
The claim against Father and Son Moving and Storage Company was settled by its insurers for $720,000. The school district and security company were dismissed from the lawsuit, although the parents have indicated they plan to re-file their claim against them. A report following the accident claimed the boy was urged by another child to cross in front of the oncoming apparatus.
