Virginia Appeals Court Reinstates Jury Verdict in Firefighter Crash Case

The Virginia Court of Appeals has ruled in favor of a motorist injured in a crash with a Newport News fire department rescue truck, reinstating a jury’s finding that the firefighter was grossly negligent but ordering a new trial on damages.

The case, Lee v. Carr (2025 Va. App. LEXIS 656), arose from a 2021 collision at the intersection of 16th Street and Ivy Avenue. Firefighter Jason Carr was driving a fire department rescue truck en route to what was initially reported as a tunnel accident. As he approached the intersection, his view of cross traffic was blocked by a house, and the sun prevented him from seeing the traffic signal. He proceeded through the intersection with lights and siren activated, colliding with James Lee’s vehicle. Lee was traveling southbound on Ivy Avenue with a green light.

Lee sued Carr for ordinary and gross negligence. The circuit court dismissed the ordinary negligence claim, finding Carr was protected by sovereign immunity because he was acting in an emergency response capacity. A jury later awarded Lee $500,000 on the gross negligence claim, but the trial court set aside the verdict, ruling that Carr had exercised sufficient care to defeat the claim as a matter of law.

On appeal, the Court of Appeals upheld the sovereign immunity ruling but reversed the decision to set aside the jury’s verdict. The court concluded that there was credible evidence to support the jury’s verdict and that Carr’s conduct could reasonably be viewed as grossly negligent. Quoting from the decision:

• In best light to Lee, Carr sped the 54,000-pound firetruck into an intersection without even knowing whether the light was red or green—or whether any vehicle was in its path.

The appellate court emphasized that the trial judge improperly substituted his own factual findings for those of the jury. The court noted that evidence conflicted regarding Carr’s speed, braking, and use of the siren. A police officer testified that the rescue truck entered the intersection at approximately 39 mph in a 25 mph zone, and video evidence suggested braking occurred only a fraction of a second before impact.

The appellate court also ruled that the trial judge erred in a way that harmed Carr by excluding testimony from Lee’s treating physician, Dr. Arthur Wardell, that went to his credibility. During cross-examination, Dr. Wardell had testified that Lee owed him approximately $30,000 in medical bills and had agreed to assign any judgment proceeds to pay that debt. The appellate court held that this testimony was relevant to show potential bias and that excluding it was not harmless, since it could have affected the jury’s damages award. The court therefore vacated the damages award and remanded the case for a new trial limited to damages.

A concurring and dissenting opinion by Judge Malveaux agreed that the exclusion of Dr. Wardell’s testimony was error but argued that the trial court properly set aside the jury’s liability verdict. The dissent reasoned that Carr’s use of lights, siren, and brakes demonstrated “some degree of care,” which is sufficient under Virginia law to defeat a gross negligence claim.

The case is remanded to the Newport News Circuit Court for a new trial on damages only. Here is a copy of the decision: