The court case involving the City of Shelby and the driver who struck and killed a Shelby Firefighter has been dismissed. Online court documents state the lawsuit with David Thies who was suing the city of Shelby was dismissed Wednesday by Judge Robert Rodenburg, in Pottawattamie County district court.

Thies was seeking $5,000 from the city after claiming Shelby Firefighter Michael Collins was under the influence of THC when he stepped into traffic on September 18th, 2011. The 41 year old volunteer firefighter was directing traffic on I-80 following an accident around 6:50pm two years ago.

Thies was traveling on the Interstate and went around the stopped vehicles and hit Collins in the left lane. No criminal charges were filed against Thies but he was charged with driving without proper registration. The accident report from the Iowa State Patrol reported Collins received oxymorphone (a narcotic pain reliever) from someone who had a prescription.

In his order dismissing the case, Judge Robert Rodenburg wrote Thies “failed to maintain a proper lookout, and failed to maintain control of his vehicle” before striking Collins. He said also that Thies also did not see an emergency sign alerting motorists to the crash scene, and, that Thies failed to present any evidence that the drugs in the firefighter’s system impaired him that evening.

(Joel McCall/KNOD)