Firefighters not at fault for pickup damaged getting out of the way: courts

Firefighters not at fault for pickup damaged getting out of the way: courts

A Langley resident sued for $5,000 after scraping her pickup

A Langley woman has lost a $5,000 lawsuit against the Township of Langley after she damaged her vehicle trying to get out of the way of a fire truck.

The woman told a Small Claims Civil Resolution Tribunal that a Township fire truck had “bullied” her through an intersection and damaged her pickup.

On July 24, 2017, the woman was driving her white Ford F350 pickup on 264th Street, and had stopped for a red light at an intersection.

The flashing lights of a fire truck appeared in her rear view mirror, and the woman said she pulled over to the right to allow the truck to pass her.

“According to the applicant, the fire truck was very close to her vehicle,” the tribunal’s Lynn Scrivener wrote in her judgment. “The applicant says the fire truck was creeping forward, which led her to assume there was not enough room for it to pass.”

So the pickup driver kept moving, saying she had “no choice” but to create space for the fire truck.

She felt a bump on the passenger side of her truck, where a sand-filled barrel and concrete barrier stood. After that, she decided the only way to get out of the fire truck’s way was to go through the intersection.

The incident left her with damage to the pickup’s passenger-side fender, running board, and door including scrapes, dents, and scratches.

She claimed $5,000 in damages for repairs.

The fire captain and driver of the pickup, however, didn’t remember the incident exactly the same way.

They were heading north responding to an emergency call. They waited until traffic in the southbound lane was clear before using that lane to get to the red light, where the driver stopped to make sure he could cross the intersection safely.

While they were waiting, the white pickup “sped north across the road,” according to the firefighters’ written testimony.

The fire truck then drove through the intersection, having confirmed there was no oncoming traffic.

The pickup driver admitted there was no contact between the fire truck and her Ford, Scrivener noted.

“There is no indication that the respondent’s employees [the firefighters] somehow directed the applicant to move her vehicle,” Scrivener wrote.

While she may have felt pressure to get out of the way, there’s no evidence the fire truck forced her to drive into the barriers, Scrivener found.

The claim for $5,000 was dismissed.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

One person was extricated from a vehicle that rolled off Highway 97 Feb. 25, 2021, near Clerke Road in Coldstream around 2 p.m. (Roger Knox - Vernon Morning Star)
Two hurt in Highway 97 rollover south of Vernon

Ambulance transfers two patients with non-life-threatening injuries

The District of Lake Country and BC Transit would like the public’s feedback on how to improve the Kelowna Regional Transit System for Lake Country. (File photo)
Lake Country residents asked for transit feedback

District and BC Transit seeking ways to improve Kelowna transit system for Lake Country residents

Ryan Oliberius is Respect Works Here Community Champion of the month February 2021. (Contributed)
Community Champion: Youngest OKIB council member listens to heart, follows dreams

28-year-old Ryan Oliverius was working a welding job when he realized he ‘had to take responsibility for my own decisions’

Veteran Vernon radio announcer Frank Martina is returning to the local airwaves with his popular Saturday Classics show, which will run from 1-4 p.m. on Vernon’s new community station Valley FM, set to launch in the fall of 2021. (Morning Star - file photo)
Vernon radio announcer returning to airwaves

New community station Valley FM reaches deal with Frank Martina to air his Classics show

Calls for potential overdoses in B.C. spiked in 2020, especially in the Okanagan - Shuswap. Pictured above is a BCEHS re-enactment of paramedics attending an overdose. (BCHES photo)
UBCO program increases drug checking availability in Kelowna, Penticton, Vernon

January 2021 data shows of 95 opioid samples tested across Interior Health, 93 contained fentanyl

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature. (B.C. government)
B.C. reports 10 additional deaths, 395 new COVID-19 cases

The majority of new coronavirus infections were in the Fraser Health region

The Salmon Arm Economic Development Society released a video on Feb. 22, 2021 promoting agriculture and food production in Salmon Arm and the Shuswap. (SAEDS image)
New video promotes Salmon Arm staples of agriculture, food production

Three-minute video from economic development featuring local producers receives appreciative reviews

The BC Prosecution Service announced last year that it was appointing lawyer Marilyn Sandford as a special prosecutor to review the case, following media inquiries about disclosure issues linked to a pathologist involved in the matter. (Black Press Media files)
Possible miscarriage of justice in B.C. woman’s conviction in toddler drowning: prosecutor

Tammy Bouvette was originally charged with second-degree murder but pleaded guilty in 2013 to the lesser charge

A puppy stolen from a West Kelowna residence has been reunited with its family. (Kelowna RCMP)
Stolen puppy reunited with Central Okanagan owners

A happy ending; puppy stolen from West Kelowna vehicle found in Kelowna, returned to family

A kid in elementary school wearing a face mask amid the COVID-19 pandemic. (Metro Creative)
Union asks why an elementary school mask rule wouldn’t work in B.C. if it does elsewhere

B.C. education minister announced expansion of mask-wearing rules in middle, high school but not elementary students

A pharmacist prepares a COVID-19 vaccine at Village Green Retirement Campus in Federal Way on Jan. 26. (Olivia Sullivan/Sound Publishing)
Canada approves use of AstraZeneca’s COVID-19 vaccine

The country joins more than a dozen others in giving the shot the green light

A new survey has found that virtual visits are British Columbian’s preferred way to see the doctor amid the COVID-19 pandemic. (Unsplash)
Majority of British Columbians now prefer routine virtual doctor’s visits: study

More than 82% feel virtual health options reduce wait times, 64% think they lead to better health

Carolyn Howe, a kindergarten teacher and vice president of the Greater Victoria Teachers’ Association, says educators are feeling the strain of the COVID-19 pandemic and the influx of pressure that comes with it. (Nina Grossman/News Staff)
Stress leave, tears and insomnia: B.C. teachers feel the strain of COVID-19

Teachers still adjusting to mask and cleaning rules, pressures from outside and within

Most Read