SPEARFISH, S.D. — Supreme Court justices in South Dakota heard arguments Wednesday in a lawsuit involving a volunteer firefighter who was driving more than 80 mph when he got into a crash in his personal truck while responding to a fire call.
Keloland reported that Chester volunteer firefighter Tim Bauman hit another driver, Areyman Gabriel, at an intersection while speeding to a mobile home fire.
“I want them to get to the fire but I don’t want them to kill anybody,” Peter Bendorf, Gabriel’s attorney, said.
Gabriel made a left hand turn in front of firefighter Bauman as he came over a hill and approached the intersection, according to the report. Firefighter Bauman’s attorney said he’s protected by Good Samaritan laws, according to the report.
“The page indicated there were children present but their parents were not home. Clearly Bauman was responding to a serious emergency situation,” Bauman’s attorney Lisa Prostrollo argued Wednesday.
The lower court agreed and threw out the lawsuit.
“The legislature enacted the Good Samaritan statute for an important reason. It intended to protect those citizens who were seeking to render emergency aid,” Prostrollo said.
Gabriel’s attorney is appealing the lower court’s decision, arguing that firefighter Bauman was driving his personal vehicle recklessly at more than twice the posted speed limit, according to the report.
He says firefighter Bauman should be held responsible for the damage caused by the crash.
“He stayed at 81 miles per hour through a 40 mile per hour zone with stopped traffic on his left and a residential area on his right,” Bendorf said. “Let’s supposed Gabriel didn’t turn and that he maintained his speed. Was he still reckless? I believe that falls under the meaning of criminal recklessness,” Bendorf said.
Five justices will determine if firefighter Buaman was reckless or doing everything he could to respond to an emergency call, according to the report.
Officials say it could take weeks or months for a final ruling in the case.