Judge clears Calif. city in fatal fire truck crash lawsuit

The rig was responding to a medical call and hit a car, killing a 19-year-old woman who had been sitting in the passenger seat

January 16, 2016 11:17 AM

The San Diego Union-Tribune

POWAY, Calif. — A judge has dismissed a wrongful-death lawsuit claiming the city should be held partially responsible for the death of a 19-year-old woman who was killed when the car she was riding in ran a red light and was broadsided by a fire truck.

The crash occurred June 20, 2013, when a Honda Accord driven by Robbie Dean Gillespie, 45, ran a red light on Midland Road at Poway Road about 4 a.m. A fire engine responding to a medical call was heading east on Poway Road and hit the Honda, killing Evelyn Jean Courtney, who had been sitting in the passenger seat.

Gillespie survived the accident and was later found to have been under the influence of methamphetamine at the time of the crash. He pleaded guilty to gross vehicular manslaughter while intoxicated and possession of methamphetamine. He received a term of 10 years in prison and will have to serve at least half of that time before becoming eligible for parole.

Courtney’s family filed first a claim and then a wrongful death lawsuit against the city saying it should be held partly responsible for what happened because the firefighter behind the wheel of the truck that morning had not passed an engineer’s exam and should not have been allowed to drive.

But during a hearing in San Diego Superior Court last summer, a judge ruled that the firefighter was in the process of being trained and as such was immune from civil liability.

“The court finds plaintiff’s claims against defendant are barred by statutory immunity...” wrote Judge Richard Strauss. “Plaintiffs allege the defendant was negligent/reckless in allowing the firefighter to drive because he had not passed his engineer’s exam and was not qualified to operate the fire engine while responding to an emergency medical call.

“Defendant contends it is immune from civil liability which precludes liability from damages resulting from training people in the provisions of emergency medical services as occurred in this case. The court agrees.”

Just a few hours before the accident Gillespie had bailed out of jail for a drug arrest.

During Gillespie’s sentencing, Wade Courtney described his daughter as a hard worker with a boisterous laugh who aspired to be a model.

Apparatus Fatal Incident Legal Issues Vehicle Fire and Crash Incidents