Geauga record. [volume] (Chardon, Geauga County, Ohio) 1952-1962, 1958-12-18

~ lAC ASSP1A 1AllGtAt bAA4IlAlS III ttll
emergency session and voted to
bring an appeal of the verdict
rendered last Thursday, Decem-
Der 4, 1858, in the Painesville
Municipal Court. This cour t
found Charles Leggett, the Mont
vile Fire Chief, guilty of oper-
ating his emergency vehicle in a
negligent manner.
Mr.. Leggett, who was repres-
ented by Mr.. Lawrence j. Dolan,
q Chardon attorney, was driving
the Montville ambulance on an
emergency run to the Lake Cou-
nty Memorial Hospital. Th e
Chief was driving North on South
Street and as he approached the
intersection of Walnut and South
StatS Streets in Painesville, h e
observed that the traffic wa S
stopping and that the interseet-
ion was clear. At all times, Mr..
Leggett had his siren and flash
er lights in operation. The am
bulance entered the intersection
and as it did so, a vehicle going
East on Walnut Street also ent-
cred the intersection and struck
the ambulance at the left e a r
door. Mr.. Leggett was charged
with failing to operate his vehic-
lie with due regard for other We
hicles. He pied mot Guilty" but
was found guilty of negligence
because the evidence tended to
show that Mr.. Leggett did 0
slow down prior to entering the
intersection. The charge was br-
ought under the State statute
which states that emergency We
hicles, while having the right to
go through a red light, mu S t
slow down prior to doing so. Mr..
Dolan contended that the statute
reads that the emergency vehic-
les must slow down as necessary
before going through a red traff-
ic light. 1t was Mr.. Dolan's con-
tention that Mr.. Leggett operat-
ed his vehicle with due regard
for the safety of others and that
he had a right to enter the inter-
section in the manner in which
he did. Dolan further cited tn e
State statute which reads t h a t
it was the duty of the drivers of
the other vehicles, upon hearing
a siren, to bring their autos t 0
a stop.
However, the Court n t e r
preted the statute as a manda-
tory direction that emergency
vehicles must slow down upon
approaching red lights. 1t W a S
Mr.. Dolan's argument that the
words "as necessary did n o t
make it mandatory that emer-
gency vehicles showdown but
that the requirement to slow do
wn must be based on the traff-
ic conditions at the intersection.
In an interview last week, Mr..
Dolan theorized that this verdict
places upon the drivers of a i
emergency vehicles the burd n
TO bring their vehicles to a stop
prior to going through d
traffic light. He stated that this
would be the only safe proceed
ure for the drivers to follow in
order to insure themselves free
dom from possible crimi n a |
prosecution. Mr.. Dolan conclud-
ed by saying that he did n o t
feel that this was the intent of
the legislature. He felt that the
State laws granted certain imm-
unities Of emergency vehicles
and that these immunities should
be enforced.
The Montville Volunteed Fire
mems Association, in conjunct-.
ion with the other volunt
fire associations in the county
and various funeral home direc-
tors and the Geauga County She
riffs Department, has supported
this appeal. Each of these vari-
oas departments will contribute
Necessary funds and have vowed
to take this appeal of Mr.. Legg-
ett's to the highest court necess-
ary to effect reversal. These
agencies have asked all other
interested agncis to contact
the Montville Volunteer Ffremen
Association If they wish to con-
tribute towards the necessary
funds to appeal the verdict o
the Painesville accident.