By Kevin Valine
The Modesto Bee
MODESTO, Calif. — Modesto has paid $80,000 to settle allegations that one of its firefighters tripped and fell on a third-grader and broke her arm during a Fire Department safety event called the Clown Program, in which firefighters dress up as clowns to teach schoolchildren such basics as when to call 911 and how to get out of a burning house.
The accident occurred Oct. 8, 2015, at Sonoma Elementary School. The Law Offices of Tanya Gomerman filed a claim against the city in April 2015 on behalf of Camila Gomez, the Sonoma Elementary student who was injured.
“This is a great program,” City Attorney Adam Lindgren said. “This was an unfortunate accident, and the city looked at the case, stepped up and took responsibility and settled with the family.”
He added that it took time for the city to evaluate the incident before reaching a settlement. Gomerman did not return a phone call and email seeking comment.
The claim states firefighter Rod Riley and fire engineer Tommy Dick were playing with a ball against a wall as students watched. “Rod Riley was attempting to catch the ball and tripped over this group of students, causing him to fall on top of Camila Gomez,” the claim states. The girl suffered fractures in her right arm that required extensive medical treatment, including two surgeries, according to the claim.
Fire officials have said Riley was not in costume because he was the DJ for the program, while Dick was dressed as a clown. Firefighters use music to reinforce the safety lessons they teach the children, who are kindergartners to third-graders. Those lessons include using seat belts and how to stop, drop and roll if their clothes are on fire.
Camila’s father, Daniel Gomez, said she is doing well. He said the settlement paid legal and medical bills, and the rest was put in an account for Camila to use when she is an adult. “That is definitely for schooling and her education,” he said. “It’s definitely a head start for her.”
Acting Fire Chief Alan Ernst said the Fire Department has offered the program since at least when he joined the department 20 years ago. He said the program occurs over two weeks in the fall, teaching about 5,000 children.
He said he is not aware of any other incident involving the program, but he said officials reviewed the accident and have taken steps to prevent it from happening again. Ernst said he was part of the program for five years.
“The most valuable thing for me is to be on emergencies and have children who participated in the program say they got out of the house or called 911 because of what they learned,” he said. “That’s proof that the message is getting through to the children.”
The Bee learned about the $80,000 settlement through a public records act request filed with the city, asking for a list of payments made in the first quarter of this year to resolve claims and/or lawsuits against the city. In all, Modesto paid $145,216 to resolve 20 claims and/or lawsuits.
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