If you drive any vehicle "emergency" status, and/or supervise people you will want to learn about this case. Please keep reading, carefully, as there are many factors.
NOTE: We have also linked below to attorney & Chief Curt Varone on this as he has additional eye opening information on this tragic triple fatal fire apparatus responding "twists and turns" crash case.
Interesting Points: (see details below)
-The dispatcher attempted to cancel the apparatus involved.
-3 civilians were killed.
-The Firefighters personal insurance paid part of this.
-The City withdrew legal representation to the Firefighter.
-The Firefighter had a history of driving issues.
-Arbitrator stated the Firefighter drove dangerously and recklessly.
So as it stands right now, Kansas City (MO) will pay more than a million bucks to family members of 3 victims killed when a responding fire apparatus crashed into a vehicle and a building in December 2021.
According to the settlement, each family will receive $459,893 from the city plus an additional $80,000 from Farmers Insurance, the private auto insurance provider for Firefighter Dominic Biscari who drove the truck.
That night (video below) the apparatus (pumper 19) driven by Firefighter Biscari was speeding when it ran a red light and entered the intersection and struck that Honda CRV. One factor is also that Pumper 19, according to the below radio traffic, was cancelled, but continued for an undisclosed reason.
The force of the crash propelled the vehicles, causing them to hit a pedestrian before hitting the building. Jennifer San Nicolas and Michael Elwood, who were in the Honda, and Tami Knight, the pedestrian, were killed. Knight’s boyfriend Alexander Llera was also injured.
After the crash, the victims’ families, Llera and the owners of the building filed lawsuits against the city and Firefighter Biscari, which also alleged that he was driving negligently and too fast. Retired Judge Miles Sweeney, who oversaw arbitration proceedings in October, found Biscari’s driving to be “dangerous and reckless.”
Initially Judge Jennifer M. Phillips approved a multi million arbitration award against Firefighter Biscari. That included $9 million to Elwood’s parents, $11 million to Knight’s mother, $9 million to San Nicolas’ mother and $2 million to Llera. It also included $1.4 million to the company that owns the destroyed building.
Previously, a KCMO medic had warned the department about Firefighter Biscari’s driving months before the crash. A lawsuit filed in November that lists as plaintiffs the victims’ families, Biscari, Llera, the building’s owner and the fire department union claimed the city owes $32.4 million to the families and building owners after withdrawing legal representation for Biscari.
NOTE: Firefighter Biscari was originally provided legal representation by the city, but it was later withdrawn. IAFF Local 42, could not find a previous case in which the city refused or withdrew legal representation for another fire department employee, the lawsuit said. A case management conference is scheduled.
HERE IS THE VIDEO OF THE CRASH:
https://www.youtube.com/watch?v=23hAYDrM46k
https://www.youtube.com/watch?v=r9JRB0Ngh9s
HERE IS RADIO TRAFFIC:
https://www.youtube.com/watch?v=y-cT1tn829Y
HERE IS VIDEO BLOG FROM CHIEF CURT VARONE ON THIS INCIDENT:
https://www.firelawblog.com/2022/11/13/ycmtsu-kansas-city-fatal-accident-case-takes-new-turn/
Chief Brad Pinsky and Curt have been doing a weekly VLOG called Fire Law Roundup where they discuss cases from the past week.
WATCH THIS WEEK: They have discussed the KCMO case several times over the past year and will be discussing the latest update in their next episode - Monday, January 23, 1300 hours on YouTube Live. Go to YouTube @firelawgroup and subscribe to be notified when they post. The subscription is free.
This is another case that can be used to insure legally defensible policies are in place, that there is regular ongoing training on the policies (classroom and practical) and that all officers and drivers are clear on what is and isn't acceptable organizationally, and by your state law.
Source: FirefighterCloseCalls.com