YCMTSU Accident Case Settled in California for $4 Million
A lawsuit arising out of a bizarre incident where a brush truck ran over a man lying on a fire station ramp in San Bernardino County, has been settled for $4 million.
According to court documents, the incident occurred on December 9, 2013, when Brandon Coles discovered Seandor Flis, “in his vehicle unconscious.” Coles “drove Flis to a fire station at 23407 Crest Forest Drive … repeated attempts to summon emergency aid, including ringing the doorbell, knocking on the door, and/or honking his car horn.”
When no one answered, Coles left Flis in front of the firehouse, covering him with a yellow blanket. He then drove to his house to call 911. During the interim, San Bernardino County Fire Protection District firefighter Timothy Schenck drove over Flis while responding to another alarm “crushing him and proximately causing him incredibly severe injuries.”
Flis survived the accident and filed suit against the San Bernardino County Fire Protection District, the Crest Forest Fire Protection District, and Coles for his injuries. Crest Forest FPD was operating under a contract to provide services to the San Bernardino FPD, and has since become incorporated into it.
According to The Alpenhorn News, the settlement requires the following payments:
- $1.3 million by the County of San Bernardino to BHG Structured Settlements;
- $1.635 million by the County of San Bernardino payable to Seandor Flis and his attorneys, Panish, Shea & Boyle;
- $750,000 payable to Seandor Flis and his attorneys by American Alternative Insurance Corporation; and
- Glatfeler Claims Management under an auto policy issued to the County of San Bernardino and CFFPD;
- $300,000 payable to Flis and his attorneys by Farmers Insurance under Brandon Cole’s homeowner’s policy; and
- $15,000 paid to Flis and his attorneys by Geico Insurance under Brandon Cole’s automobile policy.
I am guessing the settlement is to avoid the cost and a potentially larger loss? I can’t see that the fire department is too much in the wrong, I wouldn’t expect an unconscious guy laying at my bay door if I were responding to a fire.
The rules of the road for all drivers (not just emergency vehicles) makes the driver responsible for ensuring the roadway/area in front of them is clear, and free from obstructions. The driver can only drive at a speed at which they can bring the vehicle to a safe stop should there be an obstruction in the roadway (think sharp curves, snow/rain/fog). It is one thing for an unforeseen moving object to suddenly appear (vehicle, person or animal suddenly entering the roadway from the side)… but the driver has an obligation to ensure the roadway is free of any obstruction present in the roadway… from broken down vehicles & debris to a person lying in the roadway. The rule is violated all the time – usually with no problem. It is only when something stopped in the roadway – or driveway/ramp – like a vehicle or person – is hit that it becomes an issue. At that point it is back to basics. Drivers Ed 101… It is good that the knucklehead who left him on the ramp was held partially liable as well.
Also – people getting run over by fire trucks leaving quarters does happen… not saying it is a regular occurrence… but this is not an isolated incident.
I would have thought that the guy who left him there would have had the lion’s share but now that I understand it better I get it.
I agree… he should bear much of the responsibility… and it appears the settlement reflects that. Looking at it – his homeowner’s insurance probably paid the max ($300k) and there is a question of liability under his auto policy so they paid a token amount… makes sense.
Was there a case by the Chinese female that was run over several times by the ARFF rigs when that aircraft caught fire in California (I think it was CA)?