A trial date has been set after a judge ruled that North Kitsap Fire & Rescue (NKFR) was negligent in deadly 2014 crash.
Jason T. Foster was killed when his Yamaha YP400 Majesty scooter collided with a North Kitsap pumper on July 4, 2014.
The lawsuit claims that NKFR firefighter Scott Sommers, who was behind the wheel of the apparatus, did not operate the vehicle in a “reasonable and safe manner, failed to pay attention, failed to keep a proper lookout, and failed to yield,” the Kitsap Daily News reports.
The accident investigation report indicated that the apparatus was 3.6 feet in the oncoming lane when Foster's scooter struck the driver's side of the cab.
A police investigation stated that Sommers “failed to give right of way” and recommended he be cited for failure to “keep right except when passing, etc.”
The cause was evaluated for vehicular homicide, but Kitsap County Prosecutor Tina Robinson said there was insufficient evidence Foster's attorney responded with: “Case law is clear — when you fail to yield the right of way, you’re negligent.”
The suit also alleges that the fire department failed to provide training and was not supervise or drug test employees.
Sommers' blood test indicated that he had a carboxy-THC level of 6.3 nanograms per milliliter of blood in his system at the time, indicating he is a cannabis user. The report started that carboxy-THC is non-active and could have been in his system for several days.
Sommers resigned from NKFR a few months after the accident and took a job with another department.
The trial is scheduled to begin May 1.
