SB 405
04-07-2006, 11:24 AM
The city isn't happy with the report the CHP filed about the cause of an accident between a fire truck and a tour bus in March 2005....
UPLAND - State investigators blame an Upland firefighter for causing a crash last year on the 10 Freeway that killed one man and injured dozens.
According to a California Highway Patrol report released Wednesday, the firetruck driven by Engineer Tom Barilla made an unsafe lane change into the carpool lane on March 15, 2005, cut in front of a casino tour bus and was the ``proximate cause of this collision.''
Upland firefighters were responding to an early morning emergency near the Fourth Street exit when their truck collided with the tour bus, killing a 75-year-old Rosemead man, severely injuring Barilla and sending more than 50 others to nearby hospitals.
While Barilla, who doesn't remember the day of the accident, said he couldn't comment Wednesday because he hadn't read the report, Upland officials blasted the review.
``We have concluded that the report mistakenly and incorrectly reached a conclusion that the city's fire unit approaching the accident did not conform to the rules of the road,'' City Attorney William Curley said.
``The CHP interpreted the evidence available to it well after the fact, and substituted its opinion for that of the veteran firefighter who was at the wheel.''
Curley said Barilla's stellar 14-year
record as well as the condition of the tour bus, owned by H & C Paradise Tour Inc., and the actions of the bus's driver led the city to conclude the fault of the crash lies with the bus and its driver Nam Jae Chung.
A CHP official could not be reached for comment.
A lawyer for the tour bus company said she had not yet read the nearly 230-page document.
``I withhold making a comment until I have an opportunity to review the report,'' Kara Pape said.
Tom Dempsey, lawyer for the family of the Rosemead man killed, Kau Leung, also said he hadn't read the report and couldn't comment. The Leung family has filed a lawsuit, along with 15 other lawsuits filed against Barilla, the city and the tour bus company.
The vehicles collided on the eastbound side of the freeway about 7:30 a.m. as the Upland fire unit was responding to a minor car accident on the westbound carpool lane.
Barilla, along with Capt. Joel Cascadden and firefighter-paramedic John Rupert, entered the 10 from Euclid Avenue, according to the CHP report. After locating the car accident, Cascadden and Barilla decided to cross the eastbound lanes and stop in the carpool lane to assist, the report indicated.
Barilla activated all the emergency lighting equipment but did not turn on the siren, the report said. Vehicles began to slow and then stop, as the truck slowly began to drive across the eastbound lanes, it said.
Several witnesses said that Barilla even had his hand out of the left window, signaling traffic to remain stopped. One eyewitness said the truck stopped prior to entering the carpool lane.
The driver of the tour bus, Chung, said he saw the firetruck before the accident but never saw the emergency lights, according to the report. Eyewitnesses said they observed the lights, which was why they slowed down.
Investigators said state law requires vehicles to exit the carpool lane when an emergency vehicle displaying red lights or sirens approaches the lane. But emergency vehicles can only enter the lane when there is no ``immediate hazard,'' investigators said.
The report said it was possible that Chung did not see the emergency lights flashing and that it was up to Barilla to make sure he entered the carpool lane with reasonable safety.
Though investigators concluded that the tour bus was driving at 73 mph, had brake deficiencies and a worn tire, they said the responsibility was Barilla's to make sure no vehicles were coming. The firetruck did not give the tour bus a reasonable amount of time to respond, investigators said.
Cascadden, who rode with Barilla the day of the crash and scanned the CHP report, was livid with the investigators' conclusion.
``I find their discovery, their report and their opinion deplorable,'' he said, before declining further comment.
John Fowler, president of the Upland firefighter union, was floored when he heard the news.
``I'm in shock and disbelief because I know the type of driver Tom is and the training he has had,'' Fowler said. ``I have a hard time believing they took everything into account.''
Investigators also recommended the report be forwarded to the San Bernardino County District Attorney's Office, which Upland's city attorney said was a routine recommendation rather than any belief that there were criminal violations involved.
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THE CRASH
Upland fire Engineer Tom Barilla, Capt. Joel Cascadden and firefighter-paramedic John Ruppert were responding March 15 to a minor car accident. As their firetruck merged into the carpool lane, it collided with a casino tour bus.
THE OUTCOME
A 75-year-old Rosemead resident was killed, and Barilla was ejected from his cab and suffered severe head trauma. Dozens sustained injuries and were transported to nearby hospitals.
Barilla, who has no memory of the events, was in intensive care at Arrowhead Regional Medical Center in Colton for about two weeks. He was transferred to Casa Colina Rehabilitation Center in Pomona. Barilla had both inpatient and outpatient therapy for about 15 weeks.
The Upland firefighter returned to light duty in September and full duty by October.
THE LITIGATION
In total, since the accident, 16 lawsuits have been filed. While lawsuits can be filed against the city up to one year after an incident, additional litigation can still be filed against the tour bus company, H & C Paradise Tour Inc.
THE INVESTIGATION
California Highway Patrol released an investigative report Wednesday that stated an unsafe lane change by Barilla is the cause of the collision.
INCIDENT PHOTO LINK http://www.lacountyfire.com/modules.php?set_albumName=album20&op=modload&name=Gallery&file=index&include=view_album.php&page=1
UPLAND - State investigators blame an Upland firefighter for causing a crash last year on the 10 Freeway that killed one man and injured dozens.
According to a California Highway Patrol report released Wednesday, the firetruck driven by Engineer Tom Barilla made an unsafe lane change into the carpool lane on March 15, 2005, cut in front of a casino tour bus and was the ``proximate cause of this collision.''
Upland firefighters were responding to an early morning emergency near the Fourth Street exit when their truck collided with the tour bus, killing a 75-year-old Rosemead man, severely injuring Barilla and sending more than 50 others to nearby hospitals.
While Barilla, who doesn't remember the day of the accident, said he couldn't comment Wednesday because he hadn't read the report, Upland officials blasted the review.
``We have concluded that the report mistakenly and incorrectly reached a conclusion that the city's fire unit approaching the accident did not conform to the rules of the road,'' City Attorney William Curley said.
``The CHP interpreted the evidence available to it well after the fact, and substituted its opinion for that of the veteran firefighter who was at the wheel.''
Curley said Barilla's stellar 14-year
record as well as the condition of the tour bus, owned by H & C Paradise Tour Inc., and the actions of the bus's driver led the city to conclude the fault of the crash lies with the bus and its driver Nam Jae Chung.
A CHP official could not be reached for comment.
A lawyer for the tour bus company said she had not yet read the nearly 230-page document.
``I withhold making a comment until I have an opportunity to review the report,'' Kara Pape said.
Tom Dempsey, lawyer for the family of the Rosemead man killed, Kau Leung, also said he hadn't read the report and couldn't comment. The Leung family has filed a lawsuit, along with 15 other lawsuits filed against Barilla, the city and the tour bus company.
The vehicles collided on the eastbound side of the freeway about 7:30 a.m. as the Upland fire unit was responding to a minor car accident on the westbound carpool lane.
Barilla, along with Capt. Joel Cascadden and firefighter-paramedic John Rupert, entered the 10 from Euclid Avenue, according to the CHP report. After locating the car accident, Cascadden and Barilla decided to cross the eastbound lanes and stop in the carpool lane to assist, the report indicated.
Barilla activated all the emergency lighting equipment but did not turn on the siren, the report said. Vehicles began to slow and then stop, as the truck slowly began to drive across the eastbound lanes, it said.
Several witnesses said that Barilla even had his hand out of the left window, signaling traffic to remain stopped. One eyewitness said the truck stopped prior to entering the carpool lane.
The driver of the tour bus, Chung, said he saw the firetruck before the accident but never saw the emergency lights, according to the report. Eyewitnesses said they observed the lights, which was why they slowed down.
Investigators said state law requires vehicles to exit the carpool lane when an emergency vehicle displaying red lights or sirens approaches the lane. But emergency vehicles can only enter the lane when there is no ``immediate hazard,'' investigators said.
The report said it was possible that Chung did not see the emergency lights flashing and that it was up to Barilla to make sure he entered the carpool lane with reasonable safety.
Though investigators concluded that the tour bus was driving at 73 mph, had brake deficiencies and a worn tire, they said the responsibility was Barilla's to make sure no vehicles were coming. The firetruck did not give the tour bus a reasonable amount of time to respond, investigators said.
Cascadden, who rode with Barilla the day of the crash and scanned the CHP report, was livid with the investigators' conclusion.
``I find their discovery, their report and their opinion deplorable,'' he said, before declining further comment.
John Fowler, president of the Upland firefighter union, was floored when he heard the news.
``I'm in shock and disbelief because I know the type of driver Tom is and the training he has had,'' Fowler said. ``I have a hard time believing they took everything into account.''
Investigators also recommended the report be forwarded to the San Bernardino County District Attorney's Office, which Upland's city attorney said was a routine recommendation rather than any belief that there were criminal violations involved.
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THE CRASH
Upland fire Engineer Tom Barilla, Capt. Joel Cascadden and firefighter-paramedic John Ruppert were responding March 15 to a minor car accident. As their firetruck merged into the carpool lane, it collided with a casino tour bus.
THE OUTCOME
A 75-year-old Rosemead resident was killed, and Barilla was ejected from his cab and suffered severe head trauma. Dozens sustained injuries and were transported to nearby hospitals.
Barilla, who has no memory of the events, was in intensive care at Arrowhead Regional Medical Center in Colton for about two weeks. He was transferred to Casa Colina Rehabilitation Center in Pomona. Barilla had both inpatient and outpatient therapy for about 15 weeks.
The Upland firefighter returned to light duty in September and full duty by October.
THE LITIGATION
In total, since the accident, 16 lawsuits have been filed. While lawsuits can be filed against the city up to one year after an incident, additional litigation can still be filed against the tour bus company, H & C Paradise Tour Inc.
THE INVESTIGATION
California Highway Patrol released an investigative report Wednesday that stated an unsafe lane change by Barilla is the cause of the collision.
INCIDENT PHOTO LINK http://www.lacountyfire.com/modules.php?set_albumName=album20&op=modload&name=Gallery&file=index&include=view_album.php&page=1