The family of a man killed in a collision with a North Kitsap Fire & Rescue engine on July 4, 2014 is suing the department for negligence.
Jason T. Foster’s family filed suit in King County Superior Court on Oct. 7. Named as defendants are the department and Scott Sommers, the firefighter behind the wheel of the engine when the crash occurred.
Foster’s family is represented by Nathan P. Roberts and John R. Connelly Jr. of Connelly Law Offices and Rodney B. Ray of Margullis & Ray Attorneys at Law, both of Tacoma. The department is represented by Terence J. Scanlan of Skellenger Bender of Seattle.
The lawsuit is filed in King County because that’s where Sommers lives. Trial is scheduled for Oct. 3, 2016.
A Kitsap County sheriff’s investigator found Sommers “failed to give right of way” and, in a 303-page investigation report, recommended he be cited for failure to “keep right except when passing, etc.” A blood test also determined Sommers had a carboxy-THC level of 6.3 nanograms per milliliter of blood in his system.
Carboxy-THC is non-active and stays in a person’s system for “several days,” according to the report. Hydroxy-THC is active and is what causes impairment and euphoria; that was not in the driver’s blood, according to the report. A driver who has at least 5 nanograms per ml of hydroxy-THC will lose his or her license for 90 days and face possible prosecution for DUI.