By Gina Kinslow
The Glasgow Daily Times
EDMONTON, Ky. — A civil suit against a fire truck equipment manufacturer and involving a Metcalfe County volunteer fire department is pending in federal court.
The North Metcalfe Volunteer Fire Department Inc. is suing Reberland Equipment Inc. and Firovac Power Systems Inc. for allegedly not installing a pumper tanker system correctly.
On Oct. 1, 2008, two firefighters with the North Metcalfe Volunteer Fire Department were driving a 2006 Kenworth T300 Water Tanker Truck on Highway 496 in Edmonton while responding to a house fire. The North Metcalfe firefighters were assisting firefighters with the Edmonton-Metcalfe Volunteer Fire Department.
As the North Metcalfe firefighters rounded a curve, the pumper tanker system separated from the fire truck, causing the driver to lose control of the fire truck, removing the roof of the cab and ejecting the firefighters. The fire truck overturned and came to rest on a roadside embankment, according to Metcalfe Circuit Court records.
Chris Schneider, a Covington attorney representing North Metcalfe Volunteer Fire Department, declined to comment on the case other than to say, “The lawsuit speaks for itself.”
Tom Kerrick, a Bowling Green attorney representing Reberland Equipment Inc., also declined to comment, but did say, “The case is in litigation therefore I shouldn’t be discussing the details in the paper.”
North Metcalfe VFD says Reberland is negligent for not mounting the pumper tanker system correctly, and it was the incorrect installation of the device that caused the fire truck to rollover causing significant damage to the fire truck and equipment contained inside.
The fire department also said Fireovac had a duty to manufacture the pumper tanker system so as not to cause damage to the fire truck and equipment inside it.
North Metcalfe incurred $209,338.48 in damages to the fire truck and equipment inside the truck during the wreck.
A third party complaint was filed in federal court on Oct. 8 stating that American Alternative Insurance Corporation paid $187,000 to the fire department for its loss and damages. The insurance company also placed Reberland Equipment on notice of its subrogation rights to recover the damages and/or losses that the insurance company paid to the fire department.
Reberland allegedly provided a warranty that stated the pumper tanker system was to be free from manufacturing defects in material and workmanship, failure of structural integrity. The fire department said Reberland breached its warranty because the incident was the result of failure of structural integrity, the court records stated.
In answer to the civil suit, which was field Oct. 1, Reberland denied the fire department’s allegations and pleaded the provisions of the Product Liability Act of Kentucky, KRS 411.300. It also denied the existence of any warranty or any breach of a warranty and further pleaded the provisions. The company further stated in its answer that if anyone was injured or anything damaged in the wreck it was due the misuse, abuse and/or substantial change of its products by someone other than the companies.
Copyright 2009