RICHMOND — A man has sued the city’s fire department over injuries he suffered when a fire truck ran him over last year, lacerating his spleen and breaking his back.

But attorneys for the city of Richmond have countered by pointing out that the plaintiff, Emilson Garcia-Ponce, was allegedly sleeping on the fire department’s driveway with a blood alcohol level that was measured at .15 percent. The two sides had a status conference on Thursday, where Richmond’s lawyers reported that Garcia-Ponce “wasn’t visible” to the driver who ran him over.

Garcia-Ponce filed his suit last March, but it hasn’t been previously reported. He was injured on Sept. 24, 2025, after the truck ran him over on its way to a call. The driver, Dillon Lissol, is now named as a defendant in the suit, court records show.

The suit alleges that Lissol and other firefighters were required to check for obstructions before leaving the station but failed to do so in a timely manner. Had they, the civil complaint says, they “would have easily observed (Garcia-Ponce) and avoided the” crash.

Garcia-Ponce was homeless and sleeping outside the station near South 12th Street and Cutting Boulevard when he was hit. The collision occurred around 5 a.m. A report filed in a claim against the city says that firefighters in the truck noted hearing a “ping” or metallic clank, then stopped the truck and didn’t notice anyone. The report also says they looked out the garage door before leaving and didn’t see anyone.

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