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Saturday, April 20, 2024

Phila. firefighters sued by motorist for injuries sustained in fire engine crash

Fishman

A Philadelphia man has filed an injury claim against the Philadelphia Fire Department and two firefighters for injuries he allegedly sustained after becoming involved in a vehicle collision with a fire engine driven by the defendants.

Philadelphia attorney Samuel Fishman filed the civil action Feb. 20 at the Philadelphia Court of Common Pleas on behalf of city resident Tyrone Tyler and his wife, Sharron Tyler.

The two firefighters named as defendants in the suit are John Rodgers and Gregory Flood.

According to the complaint, Tyrone Tyler was driving his 1995 Buick through the intersection of Tabor Road and Wagner Avenue when his vehicle was struck by a fire engine driven by the defendants.

Both Rodgers and Flood were driving separate fire engines at the time, Rodgers’ traveling northbound on Wagner Avenue and Flood’s going eastbound on Tabor Road.

Both firefighters were driving at high rates of speed with their respective lights and sirens activated, the lawsuit states.

When the two firefighters disregarded stop signs at the intersection, they struck each other, and then went on to crash into Tyler’s car, the suit states.

Tyler had been stopped in the southbound lane of Wagner Avenue at the time of the collision.

As a result of the accident, Tyler sustained various injuries, including contusions, headaches, cervical sprain and strain, lumbar strain and sprain, shoulder injuries, muscle spasms and other ills, the lawsuit claims.

Tyler has had to spend various amounts of money on medical care to repair his injuries, which included aggravation of preexisting conditions, the lawsuit states.

The complaint accuses the defendants of negligence, carelessness and recklessness for operating their vehicles at excessive rates of speed under the circumstances, failing to have the fire engines under proper and adequate control, failing to give proper and sufficient warning of the approach of said vehicles, failing to yield the right of way, operating the fire engines in reckless disregard of the rights and safety of the plaintiff, failing to keep a proper lookout and failing to exercise due care and caution under all of the circumstances.

The lawsuit accuses the Fire Department of negligence for negligently entrusting the fire engines to Rodgers and Flood and failing to properly and adequately supervise and/or train their agents.

For each of the three counts listed in the lawsuit, Tyler seeks judgment against the defendants in a sum not in excess of $50,000, plus interest and court costs.

The case ID number is 120202211.

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