Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A Connecticut town that was sued for $12 million after a fire truck being used to block at the scene of a prior accident was struck by an automobile, has prevailed following a jury trial.
The accident occurred on September 3, 2006, following a tractor trailer jack-knife accident on Interstate 95 in Greenwich. A fire truck belonging to the Cos Cob Fire Police responded and parked diagonally across the center and right lanes in a blocking position. Traffic cones and flares were also placed to alert oncoming vehicles of the accident.
Shortly thereafter an automobile driven by William Kumah collided with the parked fire truck and continued on striking a bridge railing. Kumah sustained serious physical injuries and was rendered a paraplegic.
Kumah sued the Town of Greenwich along with the owner and driver of the tractor trailer that caused the initial accident, alleging negligence and the creation of a “nuisance”. The suit was filed in 2008 and worked its way slowly through the state court system until January, 2013 when the Connecticut Supreme Court ruled the case should go to a jury.
The jury was empaneled in December and returned its verdict on January 24, 2014. The town’s attorney, John Wayne Fox, explained the ruling as follows: “On the negligence count, they found the town’s acts were discretionary and that we could not be held accountable. On the nuisance count, given the circumstance, the actions taken by the town of Greenwich and the Cos Cob Fire Police were reasonable given the severity of the accident.”
Here is more on the story.
