Thought Leadership

The plaintiff was approaching an intersection at the same time as a township fire truck, resulting in a collision. The plaintiff sued the township and the driver of the fire truck, a township employee. The fire truck was operating with three siren systems and had activated its emergency lights while responding to an emergency call. The fire truck had a red light, so it slowed to 15-20 mph, but proceeded through the intersection. The plaintiff had a yellow light and entered the intersection at 30-40 mph, trying to make the light. All of the cars around the plaintiff’s vehicle had stopped for the fire truck. The court considered the speed of the fire truck, the plaintiff’s obstructed view, and the township’s departmental regulations to deny summary judgment. The departmental regulations stated that a fire truck does not have an automatic right of way when it is engaged in an emergency call, it must clear an intersection with caution and confirm that approaching vehicles will be able to stop before proceeding. While the court found that the fire truck’s driver was not wanton or willful, there was a question of fact as to whether entering the intersection under those circumstances was reckless. The court granted summary judgment to the township but allowed the case to proceed against the township employee/driver.

_{Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}