A firefighter responding to an incident in his or her personal owned vehicle must use the same due regard towards the public that he or she would if responding in a municipality owned vehicle. The lack of due regard resulted in a fatal vehicle accident on July 16, 2010, when “Firefighter Timothy Johnson of the Portage Ohio Fire District” collided with a vehicle driven by Olivia Duty, which resulted in the death of her boyfriend, Ian Huffman (Varone, 2012, para. 2). Timothy Johnson was responding to a mutual aid structure fire when the accident occurred (Varone, 2012). The parents of Ian Huffman and Olivia Duty, the driver of the vehicle Firefighter Johnson collided with, “filed a wrongful-death and personal injury lawsuit” with the
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The defendants reached a plea agreement and plead guilty to criminal charges related to the incident, which did not guarantee a determination of guilt relating to the civil matter, as the defendant must be proven negligent in his actions to be held liable.
In the civil case against Firefighter Johnson and the Portage Fire District the prosecution likely used the elements of negligence to show the defendants liable for the accident. In this case it is undisputable that Firefighter Johnson was operating his personal owned vehicle, which serves as the act. The omission occurred when Firefighter Johnson exceeded the speed limit and failed to show due regard for others on the roadway. The damages to the plaintiffs included the death of one party and injury and loss of a vehicle to another. The breach of the standard of care occurred through the Ohio state law and safe driving policies of other fire and emergency services organizations, which established the industry-wide standard that “a reasonably prudent professional would have done under the circumstances” (Varone, 2012, p. 256). During the consideration of the