Civil Suit Over Ohio Crash with Volunteer Firefighter Appealed

By Jim Greene

Published on October 03, 2005

Robert Buckholdt's car was hit by that of Wesley Martin in March 2004 in Mansfield, Ohio, as Martin responded to a call from the Washington Township Fire Department. Richland County Common Pleas Judge James DeWeese ruled that, although Martin's driving was unsafe, it was not reckless, and the fact that he was responding to a call voided any claim of willful misconduct.

Douglas Hunter, Buckholdt's attorney, cited a case in which it was ruled that a volunteer firefighter was only immune from a claim of negligence while driving a public safety vehicle. Martin was driving his own car, which is not equipped with any emergence lights or sirens.

Erin Poplar, the attorney who will represent Martin in the appeal, said Ohio law protects volunteer firefighters from civil liability while responding to a call, unless it can be proven they acted in a reckless manner. Poplar referred to the crash as a low-impact accident with very little damage to the vehicles involved.

Buckholdt said he is angry at the characterization of the crash by Poplar and others as not being very serious. He said he suffers from chronic pain in his lower back and left shoulder and sometimes walks with a cane.

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