KANSAS CITY, Mo. — The family of one of the victims killed in last month’s crash involving a Kansas City, Missouri, Fire Department pumper truck has filed a wrongful death lawsuit against the city and the driver of the pumper truck.
The family of 25-year-old Michael Elwood is represented by attorney Tim Dollar, who filed the lawsuit Wednesday morning in Jackson County Circuit Court.
The lawsuit comes exactly three weeks after the KCFD pumper truck collided with an SUV near the intersection of Broadway Boulevard and Westport Road. A brick building partially collapsed because of the crash.
Three people were killed, including Elwood, who was a passenger in the SUV. Another victim, Jennifer San Nicholas, was driving the SUV and also died. Tami Knight was walking on the sidewalk when the crash happened and died.
The Kansas City, Missouri, Police Department’s investigation into the circumstances of the collision and subsequent crash into the building is ongoing and no final reports have yet been made.
But in the lawsuit, the attorney alleges KCFD Pumper 19 was dispatched for a fire call, but had been called off the emergency response.
The lawsuit alleges the driver of Pumper 19 “failed to exercise the highest degree of care in the operation of his vehicle, and failed to conduct himself in a careful, prudent and lawful manner.” It also alleges the driver was negligent.
The KSHB 41 I-Team is not naming the driver at this time, pending the police department’s investigation.
The lawsuit accuses the city and the fire department of being negligent.
The family is seeking damages that “a jury determines to be fair and reasonable, pre- and post-judgment interest, costs, and for all other proper relief.”
The KSHB 41 I-Team has reached out to the city and the fire department for comment and will update this story if one becomes available.