A Langley man who was driving a pickup truck on South Whidbey last summer suffered a skull fracture and injuries to his eye when a metal hose cap flew off a fire engine, went through his windshield and struck him in the face, according to a court document.
The man, Robert Hodges, and his wife filed a lawsuit earlier this year against South Whidbey Fire/EMS, claiming negligence and asking for economic and non-economic damages. The attorney Karen Koehler of Seattle originally filed the lawsuit in Snohomish County, but it was transferred to Island County Superior Court this week.
Fire Chief Nick Walsh said he couldn’t comment on ongoing litigation. The fire department is insured by Enduris.
The complaint for damages states that Hodges and his wife were southbound on Highway 525 in a Ford pickup when an object shattered the windshield and struck him in the eye. Hodges managed to pull to the side of the road “in a state of distress” and waved down a passerby to call 911.
Hodges retrieved the object that struck him, which was identified as a hose cap. He handed the object to paramedics who arrived at the scene.
The paramedics transported Hodges to WhidbeyHealth Medical Center. Doctors determined that the injuries were not life-threatening but were serious enough to warrant treatment at Harborview Medical Center in Seattle.
The lawsuit states that Hodges was informed that the hose cap came off a South Whidbey fire truck that was northbound on the highway at the time of the incident. The fire chief called Hodges’ wife and admitted responsibility but did not disclose the name of the person who made the mistake, the claim alleges. As a result, the lawsuit names “John Doe” firefighter as a defendant along with the fire district.
According to the lawsuit, doctors determined that Hodges suffered a complex orbital fracture with fracture lines extending into his upped jaw and frontal sinuses. He suffered serious injuries to his left eye, including the dislocation of the lens, herniation of the orbital fat and inferior rectus muscle and a fracture of the infraorbital canal.
The eye injuries resulted in pain, suffering and long-term impairment of his ability to see, the lawsuit states.
The lawsuit also claims that Hodges suffers from ongoing stress, anxiety, mental anguish, difficulty sleeping and emotional trauma because of the incident.
The lawsuit alleges that the fire district breached its duty of care by failing to secure the hose cap.
