By Cornelius Frolik
Dayton Daily News
RIVERSIDE, Ohio — A 33-year-old man whose parked car was wrecked by a city-owned ambulance is upset Riverside’s insurance company is refusing to pay for the damage.
Jason Sims, of Harshman Road, said the city’s insurance carrier, Public Entity Risk Services of Ohio, has no right to deny his claim because witness statements suggest Riverside paramedics “negligently” forgot to put the ambulance in park while responding to a call in his neighborhood, which led to the crash.
But city officials said Sims’ version of events is not supported by the evidence.
City Manager Bryan Chodkowski said it is simply not plausible that the ambulance traveled the route it did without someone guiding it.
Authorities said they believe someone climbed into the unlocked ambulance and took it for a short joyride that caused the crash.
“Based on the information available to us, the state of the medic when it was found, and the known state and condition of the medic when it was left by the responding paramedics, we do not believe it plausible that the medic wound up (where it did) by its own accord,” Chodkowski said.
Officials said the keys were left in the ignition, and the vehicle was kept running as paramedics performed their job.
At 10:30 p.m. Aug. 17, paramedics responded to a 911 call of “difficulty breathing” at 2180 Harshman Road.
Paramedic J.P. Wilson said he drove to the apartment complex, put the ambulance in park and activated the parking brake, according to a police report.
Wilson said he and his partner, medic Ashlie Hays, entered an apartment, checked on the patient and decided to transport the person to the hospital.
As the medics helped the patient to the door, they were told by a neighbor their ambulance crashed into Sims’ 2000 Pontiac Grand Prix, which was parked across from his apartment at 2160 Harshman Road.
The ambulance traveled uphill, through a parking lot and over two curbs before striking Sims’ car.
When Wilson checked on the ambulance, he said the doors were locked and the parking break was still locked.
Hays said several people told her they believed someone got into the ambulance and crashed it.
At least two other witnesses claimed they saw the crash but did not see anyone flee the ambulance.
Another medic unit was called to take the patient to the hospital.
Sims, who only has liability insurance, said the city’s insurance should pay the $2,800 it will cost to repair his car. He said he cannot afford the repairs and his job and family life are threatened by his lack of transportation.
According to a letter sent to Sims and Riverside, the Public Entity Risk Services of Ohio said the fire department is not legally responsible for the crash. Company officials could not be reached for comment.
Ohio law states that emergency medical responders are not liable for civil damages that happen while administering emergency medical services, unless their actions constitute “willful or wanton” misconduct.
Chodkowski said while Riverside officials sympathize with Sims, the matter is out of the city’s hands.
Sims said he has not decided if he will file a lawsuit to recoup his losses.
Copyright 2010 Dayton Newspapers, Inc.