Kane, a Westerville resident and University of Dayton student, was riding a mountain bike in a bike lane headed south on Brown Street by the University of Dayton.
The fire truck was headed south on Brown Street when it turned right into United Dairy Farmers, a gas station and convenience store.
MORE: UD student on bike hit by Dayton fire truck
The truck “failed to yield to the bike lane” and Kane became trapped under the front passenger wheel, the report states.
In October 2017, Kane filed a civil lawsuit against the city of Dayton and driver Richard Smith claiming he suffered severe and permanent injuries.
Court records indicate that the city accused Kane of being negligent because he rode his bicycle on the roadway after sunset without a headlamp.
The crash happened at about 7:16 p.m. Court records suggest that the sun set at 6:48 p.m. that day, and twilight ended at 7:15 p.m. The city also said the bike was black and Kane was not wearing reflective clothing.
The city said the driver had the engine’s headlights on, used a turn signal well advance of the turn and looked in the mirror before turning but didn’t see the bicyclist, court records show.
There was one fire lieutenant and three firefighters aboard the engine during the crash.
Dayton City Commissioners on Wednesday will vote whether to approve a $150,000 payment to settle the case.
MORE: Dayton fire truck involved in crash on Germantown Street
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