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January 4, 2006

Man settles suit with fire dept.

Garrisi to accept $2.215 million

      TRAVERSE CITY - A man whose wife and infant child died in a collision with a fire truck accepted a $2 million-plus settlement from the Grand Traverse Metro Fire Department.
      Matthew Garrisi agreed to a structured, wrongful-death settlement worth approximately $2.215 million for the March 2005 deaths of his wife, Rebecca, and infant son, Jesse.
      Rebecca Garrisi, 28, and 11-month-old Jesse were killed March 8 when a metro fire truck driven by Cory Carlton, 26, crashed into the family's sport utility vehicle.
      Carlton, a part-time firefighter who faces two charges of negligent homicide, allegedly drove the fire engine through a red light at the intersection of Zimmerman and Silver Lake roads in Garfield Township and struck Garrisi's vehicle.
      Grand Traverse County sheriff's investigators said it didn't appear Carlton slowed at the intersection before the collision.
      Attorney George Thompson, who represents the Garrisi family, described the settlement Tuesday before 13th Circuit Court Judge Thomas Power that will offer monthly payments to Matthew Garrisi, his surviving child and other family members.
      Thompson told Power the settlement is expected to pay about $1.515 million for Rebecca Garrisi's death claim and $700,000 for Jesse's death.
      The settlement also requires the fire department to revise its standards for fire truck drivers as they approach intersections and requires mandatory retraining every two years.
      Thompson told the court the Garrisi family agreed to the settlement because it was in the "best interest of the family and the estate."
      Thompson originally petitioned the court to keep the settlement amounts confidential, but Power ruled against the request.
      "It is public money, even if it is indirectly," Power said. "And if someone (in the public) is interested in the amount, they should be able to know."
      Matthew Garrisi filed suit in June against the fire department, alleging Carlton "knew or should have known" the intersection would be busy and that it does not have "broad visibility" for approaching drivers.
      The suit argued the fire department was liable for the accident because Carlton should have been taught that emergency lights and sirens are "not effective" to warn motorists at a converging intersection.
      According to the Michigan vehicle code, emergency vehicles may proceed past a red signal "only after slowing down as may be necessary for safe operation."
      Carlton, who was not listed in the suit, is expected to learn this week whether 86th District Court Judge Thomas Phillips will bind him over for trial.

See Related Stories:
      Firefighter's fate delayed again - December 22, 2005
      Court hearing on crash delayed - November 3, 2005
      Hearing delayed for firefighter charged in deaths - September 28, 2005
      Family files suit against fire dept. - June 7, 2005
      Family frustrated with slow pace on crash case - June 2, 2005
      Leelanau prosecutor to take case of fatal fire truck crash - April 21, 2005
      State A.G. to review fire truck collision - April 13, 2005
      Fire truck collision is being reviewed - March 18, 2005
      Fire truck inquiry to wrap up next week - March 12, 2005
      Family shattered by crash - March 10, 2005
      Woman dies as result of car, fire truck crash - March 9, 2005

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