Vol. 53 No. 12

Trial Magazine

Verdicts & Settlements: Government Liability

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Fire Truck Driver Fails to Yield to Oncoming Traffic

December 2017

Jason Foster, 48, was riding his motor scooter over a hill toward an intersection controlled by a traffic light. As Foster traveled through the intersection, Scott Sommers, an intern firefighter for North Kitsap Fire and Rescue, who was driving a 36,000-pound fire truck back to the station, turned left across oncoming traffic and into Foster’s path. The two collided, and Foster suffered fatal injuries. A teacher who had earned approximately $74,000 annually, he is survived by his wife, one minor child, two adult children, and five adult stepchildren.

Foster’s wife, individually and on behalf of his estate, sued the fire department, alleging Sommers had failed to yield to oncoming traffic and keep a proper lookout. Suit also claimed negligent employee hiring, training, and supervision. A post-accident investigation revealed that Sommers had used marijuana before the crash.

The jury awarded $9.5 million.

Citation: Foster v. North Kitsap Fire & Rescue, No. 15-2-24722-1 SEA (Wash. Super. Ct. King Cnty. May 18, 2017).

Plaintiff counsel: AAJ members Nathan P. Roberts, John R. Connelly Jr., Rodney B. Ray, and Meaghan M. Driscoll, all of Tacoma, Wash.