Civil SuitCriminal LawMunicipal LiabilityNegligenceVolunteersWrongful death

Wrongful Death Suit Against Firefighter Settled for $1.57 Million

A wrongful death lawsuit filed against an Ohio firefighter and fire district has been settled for $1.57 million.

Firefighter Timothy Johnson, now 43, of the Portage Fire District, was responding to a mutual aid structure fire on July 16, 2010 when his personally owned vehicle collided with a car driven by Olivia Duty. Duty’s boyfriend, Ian Huffman, 24, was killed in the crash. Police estimated Johnson’s speed at between 96-98 miles per hour just before the collision.

Johnson was charged with aggravated vehicular homicide  and aggravated vehicular assault, and ended up pleading guilty to one count negligent vehicular homicide and attempted negligent homicide. He was sentenced to 9 months in prison and his driver’s license was suspended for three years.

Parents of Ian Huffman,  John and Maureen Huffman,  and Olivia Duty,  filed the wrongful-death and personal-injury lawsuit against Johnson and the Portage Fire District. It was settled for $1.57 million. Huffman’s parents said that the compensation would in no way make up for the loss of their child but would help them on the road toward closure.

They also said they hoped the lawsuit would send a message to other firefighters about the need to operate their vehicles with due regard for the safety of the public. The ToledoBlade.com quoted Mr. Huffman as saying: “any time a lawsuit like this is brought, it helps educate the firemen and hopefully they learn to be more careful in the future…They have an obligation to operate their vehicles with due regard for the safety of the public. It does not give them the right to speed, especially at insanely excessive speeds.”

More on the story.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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3 Comments

  1. No fire is worth driving 90+ mph. When I first heard of this I assumed that the firefighter was 18 or 20. I was surprised to learn he was 43. At this age we are old enough to know better and should have seen enough fire to control of adrenaline rather than letting it control us.

  2. In addition, some of the other press reports indicate the intersection where the wreck occurred was a well-known crash scene, sort of a “dead man’s curve” thing. That, coupled with his age and alleged life experience, should have indicated an extremely hazardous location was not the best place for 90+ MPH.

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