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$1.25 million for
By Debra Barayuga
family of woman killed
by city fire truck
Star-BulletinThe family of former champion gymnast Tracey Teruya, who was killed when her car was struck by a fire truck responding to an alarm, was awarded a $1.25 million out-of-court settlement in its lawsuit against the city, the family's attorney has announced.
The amount of the settlement had not been disclosed previously.
Teruya was driving home Feb. 23, 1998, when she entered a Makiki intersection on a green light and was broadsided by the fire truck.
The family had sued firefighter Richard Spelman, the driver, and the Honolulu Fire Department in August 1998 contending that they were both negligent and responsible for Teruya's death. The case was to have gone to trial this month.
"The settlement amount is of some consolation to the Teruya family because at the least, it indicates the city is acknowledging that it is responsible for causing the accident, and that Tracey Teruya was not to blame in any way," said attorney David Dezzani.
The fireman driving the truck, two of his passengers, an on-duty police officer and two independent eyewitnesses all confirmed that the fire truck entered the intersection against the red light and was going well in excess of the 25 mph speed limit, Dezzani said.
The city has not disputed that the driver of the fire truck entered the intersection on a red light and was driving faster than the speed limit, he said.
The driver failed to follow Fire Department procedures requiring its drivers approaching a red light to slow down, establish eye contact with other drivers and stop if needed before proceeding, Dezzani said.
"The driver admitted that he did not see Tracey's car at all because he did not look in her direction as he entered the intersection."
During his deposition, Spelman admitted he had no basis to believe Teruya was at fault, Dezzani said.
An acoustical engineer who conducted tests at the intersection last month found that at the speed the fire truck was going and with the configuration of the intersection, Teruya would not have been able to hear the fire truck's siren.
Experts for both the city and the plaintiff also agree based on physical evidence that the driver of the fire truck was going more than 35 mph, Dezzani said.
The fire truck was not equipped with an Opticom transmitter unit which would have changed the traffic signal to green as it approached the intersection, Dezzani said. If it was, "the accident would have never happened."
The Opticom receiver unit is installed at 227 intersections islandwide but only half the fire trucks had the sender system installed at the time of the crash, Dezzani said.
The Makiki fire trucks were in line for installation at the time and have since been equipped with the system, according to Fire Department spokesman Capt. Richard Soo.
Dezzani said the Teruya family hopes that if anything comes out of this tragic incident, that the city will recognize the importance of following through on programs that protect the public.
The department's fire trucks are equipped with the Opticom system on an as-needed basis, Soo said.
For example, fire companies at the Sunset Beach station don't need the Opticom system since there are no traffic lights in the district they cover.
City prosecutors declined to pursue criminal action against Spelman, who was assigned at the time of the accident and continues to be at the Makiki Fire Station.
Spelman has since been certified as a hazardous materials specialist in his battalion and is a driver trainer, Soo said. He has been with the Honolulu Fire Department since December 1994.
City attorneys could not be reached for comment.
City & County of Honolulu
