The Morning Call
BETHLEHEM, Pa. — After four hours of deliberation over two days, a Northampton County jury ruled Thursday the city of Bethlehem and one of its firefighters are not liable in the death of a man whose car collided with a fire engine out on an emergency call.
In issuing the verdict, the jury rejected the claim that the city was at fault in the death of 60-year-old William Samer in a 2008 accident with the fire engine on Eighth Avenue.
Samer’s widow, Judith Samer, sought monetary damage and her lawyers argued negligence by veteran city firefighter Frank Dashner IV, who steered the fire engine around a bottleneck at a red light and into the opposing lane as he tried to quickly get to the call, which turned out to be a false alarm.
At least one juror appeared to be emotional as the verdict was issued, wiping her eyes and rubbing her face.
Robert Hanna Jr., a lawyer for Bethlehem, also wiped tears from his eyes after the ruling. He had argued Dashner, a 25-year-veteran, was driving safely and cautiously when Samer, of Hanover Township, Northampton County, lost control of his car for an unknown reason.
Dashner did not attend Thursday’s hearing due to the emotional toll it took upon him to testify the previous day, Hanna said.
“I am relieved for Frank and I am relieved for the city,” Hanna said. “Frank has really been through a lot in this and he was very, very stressed out.”
Hanna said the jury was 10-2 in favor of the city, adding the verdict did not need to be unanimous in a civil trial. Dashner continues to drive fire engines, though has questioned that choice, Hanna said.
“He has wondered if he could be doing something else within the department,” Hanna said. “Frank has been very, very much affected by this.”
Daniel Munley, an attorney for Samer’s estate, had argued that Dashner should have never driven in the wrong lane, which clashes with the fire department’s rule to avoid it when possible.
Samer’s family declined to comment afterward, but Munley said they are “disappointed” in the verdict.
“It is obvious that the jury took this very seriously because they deliberated over two days,” Munley said. “We feel very strongly in the position that we took in this case.”
Dashner decided to take the ladder truck the wrong way down a divided street by cutting across an opening in the median because the opposing lane of travel was wide open. Dashner testified he moved the 35,000-pound engine at a crawl and oncoming drivers yielded in the far right lane to his lights and sirens.
But, Samer’s car pulled out of the line of vehicles and sped up the road. The engine was at a complete stop at the time Samer lost control of his sports car and crashed into it, according to court testimony.
The accident occurred Oct. 24, 2008, as Dashner responded to the false alarm at Service Electric Cable TV.
In 2009, Lehigh County District Attorney Jim Martin ruled that Dashner would not face criminal charges. Police said Samer drove nearly a half-mile with the fire engine in sight.
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