New lawsuit argues city should be held responsible for fatal crash involving KCFD truck

KANSAS CITY, MO. (KCTV) — A new lawsuit argues Kansas City should pay more than $30 million dollars in connection to a fatal crash involving a Kansas City fire pumper.

The award is currently against the driver of the fire truck, Dominick Biscari.

But the new lawsuit points out the city failed to provide him an attorney as he went through arbitration.

The lawsuit points out it is a pattern or practice of the city to support employees sued in civil cases, but the city failed to support the firefighter.

Biscari was working as employee of the KCFD when his pumper ran a red light and crashed into an SUV in Westport in December of 2021.

Three people died that night. Michael Elwood and Jennifer San Nicholas were in the SUV.

The collision also killed pedestrian Tammi Knight who was standing on the sidewalk where the collision finally ended.

Traffic cameras later revealed the fire truck ran a red light. Dispatch audio revealed the truck had been told to stand down about a minute earlier, but it just kept going.

Emails filed with the court and provided to KCTV5 News also revealed other employees had concerns with the driver prior to the crash.

“Mr. Biscari and KCFD were on notice of his dangerous and reckless driving of KCFD vehicles,” the ruling reads. “Less than three months before the crash date, on Sept. 29, another Kansas City Fire Department employee sent an email entitled ‘Horrendous Driving’ to supervisors in the Kansas City Fire Department.”

This latest lawsuit asks for the city to be held responsible for the firefighter’s damages.

A lawsuit against the city itself continues.

Recently, an arbitrator awarded $32.4 million to the families and business harmed in that crash.

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