North Kitsap Fire drops appeal, settles lawsuit over fatal crash

Aug. 14--POULSBO -- Last week, North Kitsap Fire and Rescue withdrew an appeal of a jury verdict finding it was at fault for a fatal 2014 wreck between one of its fire engines and a motor scooter driver, resolving the case for less than the $9.5 million awarded by the jury.

The resolution completes the civil lawsuit brought by the family of Jason Todd Foster, 48, who died July 4, 2014, after colliding with a fire truck that was attempting to turn left on a yellow light at the intersection of Miller Bay Road and West Kingston Road.

The district had appealed the King County Superior Court jury's finding in May that the district and the driver, former firefighter intern Scott Sommers, were completely at fault.

The jury could have split responsibility for the crash, assigning to Foster and Sommers each a percentage of blame. The appeal would have asked for reconsideration of the share of the blame, not the verdict, Chief Dan Smith said.

After discussing the case with an appellate attorney, Smith said the decision was made to drop the appeal. Smith said the agreement included non-disclosure of the amount, but said it was less than the $9.5 million the jury awarded. The district's insurance will pay the agreed amount.

"We believe this decision was made for the best interest of everyone involved, and our thoughts and prayers will always be with the Foster Family," Smith said in a statement to the North Kitsap community. "We hope that concluding this matter will afford them the opportunity to heal and allow us to return our entire focus to serving you."

Smith said Foster's death and the lawsuit have weighed heavily on members of the district, who are in the business of saving lives.

"It's a tough thing for an agency that responds every day of the week to help others," Smith told the Kitsap Sun.

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