A California man has filed suit against the City of Richmond and a fire department engineer after he was run over by fire apparatus while sleeping outside a fire station. The suit alleges that firefighters failed to check the area in front of the station before moving the apparatus.

The suit was filed in Contra Costa County Superior Court by Emilson Garcia-Ponce, who claims he suffered serious and permanent injuries in the September 18, 2025 incident.

According to the complaint, Garcia-Ponce was sleeping on the ground near the driveway of Richmond Fire Station 67. At approximately 5:05 a.m., a fire apparatus operated by Engineer Dillon Lissol exited the station and ran over him.

The complaint alleges that Lissol was moving the apparatus to allow another fire truck to respond to an emergency. Garcia-Ponce contends that the apparatus that struck him was not itself responding to an emergency and that firefighters had sufficient time to check the driveway before moving it.

The suit alleges that Lissol and other firefighters failed to ensure that the area was clear of pedestrians before moving the apparatus. According to the complaint, enough time elapsed between the opening of the apparatus bay door and the vehicle’s departure for firefighters to conduct a visual inspection that would have revealed Garcia-Ponce lying in its path.

Garcia-Ponce alleges that the failure to check the driveway constituted negligence. He also contends that the city is liable for the actions of its employees under California Government Code Sections 815.2(a) and 820(a).

The distinction between whether Lissol was “responding to an emergency” or not appears to be aimed at California Vehicle Code § 17004, which states:

• A public employee is not liable for civil damages on account of personal injury to or death of any person or damage to property resulting from the operation, in the line of duty, of an authorized emergency vehicle while responding to an emergency call or when in the immediate pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm or other emergency call.

The suit seeks damages for physical injuries, pain and suffering, medical expenses, permanent disability, and economic losses. Garcia-Ponce previously submitted a claim to the city, which was rejected on December 22, 2025.

The Richmond incident is similar to one that occurred at the University of Connecticut in 2016, when 19-year-old student Jeffny Pally was run over and killed by a UConn Fire Department SUV as it exited the campus fire station. Investigators concluded that Pally, who had been drinking at a fraternity party, apparently fell asleep in front of the apparatus bay. When the door opened, she slumped over and was not visible to the driver.

Pally’s parents filed a wrongful death suit against the driver and the state. An accident reconstruction determined that the driver could not have seen Pally from his position behind the wheel. The driver was subsequently dismissed from the lawsuit, and the case was settled in 2020 for $1 million. More on that settlement.