ARFF Training Crash Prompts Suit Against Oakland International Airport

A veteran Oakland firefighter who was seriously injured last year at Oakland International Airport when his ARFF vehicle overturned during a training exercise, has filed suit against the agency that operates the airport. Michael Ow filed suit last week in Alameda County Superior Court against the Port of Oakland.

Ow was injured on June 24, 2014 when he swerved to avoid striking an aircraft that had been allowed to enter an area where crews were known to be training. His aircraft rescue and firefighting (ARFF) vehicle rolled over, critically injuring Ow. The vehicle reportedly carried 3,000 gallons of water and 420 gallons of foam concentrate.

According to Ow’s attorney, Steven Bell, Ow sustained a traumatic brain injury together with serious orthopedic injuries and will never be able “to work in any capacity”. The complaint also lists 50 John Doe defendants. According to the complaint:

• [D]efendants and each of them, so negligently and carelessly maintained, retained, supervised, controlled, and monitored the Oakland International Airport airplane control tower and airport grounds during a safety drill which they planned and coordinated in that they instructed, permitted and allowed an aircraft to enter an area where a known fire safety drill was taking place so that the fire response vehicle driven by plaintiff was caused to roll over causing plaintiff serious personal injuries.

• Defendants and each of them, planned, scheduled and was responsible for coordination of said fire safety drill, and also had policies and therefore were aware of the need/requirement to prohibit all traffic, including aircrafts from entering into any area of the Oakland International Airport where a fire safety drill was taking place. However, due to their gross negligence, carelessness, and failure to properly advise others of the time and location of the drill they caused an aircraft to enter an area where a known fire safety drill was taking place so as to create an imminent danger to others, including the crew and passengers in said aircraft, the participants in the drill and others

• As a result of defendants’ negligence as aforesaid, plaintiff was required to make an emergent and sudden maneuver in order to avoid a collision with said aircraft. In so doing the vehicle he was in was caused to tip thereby causing his severe personal injuries.

• Due to their gross negligence, carelessness, and failure to maintain, retain, supervise, control, and monitor the Oakland International Airport, near Oakland Maintenance Ctr., defendants and each of them, allowed an aircraft to enter the aforementioned area while a known fire safety drill was taking place so that the fire response vehicle driven by plaintiff was caused to roll over causing plaintiff serious personal injuries.

Here is a copy of the complaint: Ow v Port of Oakland 31749418