Parents File Suit in Deadly MO Fire Apparatus Crash
By Luke Nozicka
Source The Kansas City Star
Jan. 5—Parents of one of the three people killed in a December crash in Westport that involved a firetruck have sued the Kansas City Fire Department, alleging the firetruck's driver was negligent.
Michael Elwood's parents, Russell and Barbara Elwood, submitted the wrongful death lawsuit for filing Wednesday against the city, the fire department and the employee they say drove the truck.
The wreck occurred Dec. 15 when the truck, its lights on and sirens blaring, hit a 2004 blue Honda CRV driven by Jennifer San Nicolas near the intersection of Westport Road and Broadway Blvd. The force of the crash sent the vehicles careening to the northwest, where they struck a pedestrian on the sidewalk before slamming into the building at 4048 Broadway Blvd., police said.
San Nicolas, 41, and 25-year-old Elwood, who was a passenger in the CRV, were killed. Both were employees of an Italian restaurant.
Also killed was the pedestrian, 41-year-old Tami Knight, whose body was recovered under the rubble of the partially collapsed building. She was an employee at Kansas City Public Schools.
All three victims were from Kansas City.
The truck, Pumper 19, had been responding to an emergency call moments before the 10:30 p.m. crash, according to the Kansas City Police Department. Shortly before the collision, a dispatcher told the firetruck's crew to "stand down" and "remain in quarters."
The building the pumper struck, once home to the Riot Room, partially collapsed. The building houses office spaces, though police said it was unoccupied at the time. No firefighters were injured.
In their lawsuit, Elwood's parents accused the firetruck's driver of being negligent, including running a red light, failing to yield to the right of way and traveling too fast for conditions.
After the truck hit the CRV, it became attached to the front of the truck as it struck two other vehicles, a streetlight, a tree and a bike rack before heading off the road and wrecking into the building, according to the lawsuit.
Before he died, Elwood suffered "terror" and "conscious pain, suffering and fright," according to the lawsuit.
The lawsuit accused KCFD of "entrusting its vehicle to an individual who it knew or should have known had inadequate experience, training and knowledge to safely operate the vehicle, and had exhibited a pattern of negligence," among other things.
A spokesman for the fire department said he could not comment on the pending litigation.
After the crash, KCFD released a written statement that said its "hearts, prayers, and thoughts are with the families, friends and loved ones of everyone involved." The department said it was cooperating fully with the police investigation.
"As first responders, we are entrusted to respond to incidents and help people, and we are heartbroken by last night's tragic collision," the statement said.
The Kansas City Police Department has yet to release its findings from the crash investigation. The department has said it could take up to eight weeks to conduct a complete investigation.
Elwood's loved ones made a GoFundMe to help cover his funeral expenses. As of Wednesday, it has raised $16,255.
"Michael was a loving son, brother, and friend who brought joy, laughter, and friendship to the hearts of so many people who knew and loved him," organizer Anna Elwood wrote. "We are deeply saddened by his passing, and we will miss him forever."
This story was originally published January 5, 2022 3:18 PM.
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