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$1.57M Personal Injury and Wrongful Death Settlement in Ohio Firefighter Accident Case

On July 16, 2010, 24-year old law student Ian Huffman of Elmore, Ohio and his 20-year old girlfriend Olivia Duty went out for dinner in Port Clinton. Afterwards, they went to Sandusky to see some friends.

On the drive back home to Elmore, Olivia Duty’s car was rear-ended by a pickup traveling at 98 mph. Ian Huffman was killed on the spot, and Olivia Duty suffered serious injuries including a head trauma.

The driver of the pickup was Timothy L. Johnson, a 41-year old volunteer firefighter on his way to a fire station. Johnson had been called in to respond to a fire at a bowling alley, and was racing to get to the fire station and take an aerial ladder to the burning bowling alley.

Ms. Duty says she never saw any flashing headlights and did not hear a siren. Mr. Johnson and other witnesses said otherwise, and confirmed that both the flashing lights and siren were operational at that time.

Mr. Johnson himself suffered some minor injuries and was charged with reckless driving and felony counts of vehicular homicide and vehicular assault. But the first prosecution ended up as a mistrial because of previously undisclosed evidence introduced by the prosecutors.

The defendant ultimately stood trial in Ottawa County Common Pleas Court and pleaded guilty to misdemeanors. He was sentenced to nine months in jail on charges of vehicle homicide and attempted vehicular homicide. His driver’s license has been suspended for three years.

Meanwhile, Olivia Duty and Ian Huffman’s parents John and Maureen Huffman filed a personal injury and wrongful death civil lawsuit against both Mr. Johnson and the Portage Fire District.

The plaintiffs and the Portage Fire District have now come to an agreement to settle the civil lawsuit for $1.57 million. The settlement includes both defendants’ liabilities for the personal injury and wrongful death.  Tim Johnson was supposed to begin serving his jail sentence immediately, but was given a work release in order to continue his work at a power plant.

Did you know?
Drivers who do not yield to emergency vehicles and cause accidents can be charged with traffic violations and personal injury.
Traffic rules specify how drivers should make way for an emergency vehicle with flashing lights and a siren. Failure to comply can cause drivers to be held responsible for resultant accidents.