Jury Finds Pa. Firetruck Driver Not Liable in Fatal Accident
March 12--After several hours of deliberation over two days, a Northampton County jury ruled Thursday the city of Bethlehem and one of its firefighters are not liable in the death of a man whose car collided with a fire engine out on an emergency call.
In issuing the verdict, the jury rejected the claim that the city was at fault in the death of 60-year-old William Samer in the 2008 accident with the fire engine on Eighth Avenue.
Samer's widow, Judith Samer, sought monetary damages. Her lawyers argued negligence by veteran city firefighter Frank Dashner IV, who steered the fire engine around a bottleneck at a red light and into the opposing lane as he tried to quickly get to the call, which turned out to be a false alarm.
At least one juror appeared to be emotional as the verdict was issued, wiping her eyes and rubbing her face.
Robert Hanna Jr., a lawer for Bethlehem, also wiped tears from his eyes after the ruling that came after about four hours of deliberation. He had argued Dashner, a 25-year-veteran, was driving safely and cautiously when Samer, of Hanover Township, Northampton County, lost control of his car for an unknown reason.
Hanna said the Dashner, who still drives engines with the fire department, did not attend Thursday's hearing due to the emotional toll it took upon him to testify the day prior.
"I am relieved for Frank and I am relieved for the city," Hanna said, juggling several large evidence photos in his hands. "Frank has really been through a lot in this and he was very, very stressed out."
Hanna said the jury was 10 to 2 in favor of the city.
But, an attorney for Samer's estate, Daniel Munley, argued that Dashner should never have driven in the wrong lane and said it clashed with the fire department's own rules saying it "shall be avoided when possible," according to court testimony.
Dashner decided to take the ladder truck the wrong way down a divided street by cutting across an opening in the median because the opposing lane of travel was wide open. Dashner testified he moved the 35,000-pound engine at a crawl and oncoming drivers yielded in the far right lane to his lights and sirens.
But, Samer's car pulled out of the line of vehicles and sped up the road. Court testimony said the fire engine was at a complete stop at the time Samer lost control of his sports car and crashed into it.
The emotional trial included testimony from Dashner, who had to turn away from the jury to compose himself as he testified about the crash.
"Seven years I've been dealing with this and I'm really sorry this happened," Dashner testified Wednesday. "But every time I think about this, I come up with the same conclusion: Why didn't he go around me? Why didn't he pull over? Why didn't he just stop?"
Jurors began deliberating the case Wednesday evening before being sent home for the night after two hours.
The accident occurred Oct. 24, 2008, as Dashner responded to what proved to be the false alarm at Service Electric Cable TV.
In 2009, Lehigh County District Attorney Jim Martin ruled that Dashner would not face criminal charges. Police said Samer drove nearly a half-mile with the fire engine in sight, and hit it as it was at a stop or going slower than 5 mph.
Hanna, the city's attorney, told the jury that every driver knows they are required to yield to a firetruck during an emergency. Samer, Hanna said, "obviously he didn't do that."
pamela.lehman@mcall.com
610-820-6790
Copyright 2015 - The Morning Call (Allentown, Pa.)
