Archive for March, 2010

Crash Claims Life of Former Pastor

Wednesday, March 31st, 2010

Reported By Ann Bryant, Staff Writer
Sun Journal
Mar 31, 2010 12:00 am

WILTON, Maine — A three-vehicle collision Tuesday afternoon on Route 2 claimed the life of a former co-pastor of the First Apostolic Church. Alton J. Walston, 83, of Wilton was pronounced dead at the scene of the crash just west of Collectors Delight, formerly the Dexter Shoe Store. Walston formerly co-pastored the church with his wife, Sharon, who remains the pastor. He was driving a maroon Chevrolet Impala west on Route 2 just east of the church at about 3 p.m. and apparently veered into the eastbound lane, said Wilton police officer Nicholas Oettinger. Walston initially collided with a silver Chevrolet S-10 pickup truck driven by Bruce W. Thibeault. The Impala bounced back into the westbound lane briefly before veering back into the eastbound lane where it struck a tractor-trailer driven by Avery P. Liston. Lettering on the truck door stated Linkletter Trucking from Athens. “The Impala had a major collision with the tractor-trailer and came to rest on the side of the road,” Oettinger said.

Thibeault and Liston escaped serious injury, Oettinger said. A crash reconstruction specialist and a commercial vehicle specialist arrived from the Maine State Police to help Oettinger with the investigation at the scene. A portion of Route 2 was closed for a few hours while police investigated. Traffic was routed through Main Street from East Wilton to Wilton.

At Berman & Simmons, we are experts in assisting the family of the decedent in car accident cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Pit Bull Mauls Boy; Dog Euthanized

Wednesday, March 31st, 2010

Reported By Donna M. Perry
Sun Journal Staff Writer
Mar 31, 2010 12:00 am

LIVERMORE FALLS, Maine — A pit bull that severely mauled an 11-year-old New York boy on Globe Street on Tuesday was euthanized by a veterinarian at the keeper’s request later in the day, police said. The dog had been kenneled when Jessica Anderson, 32, of Globe Street in Livermore Falls, left a 12-year-old daughter baby-sitting three children that morning, Livermore Falls police Lt. Thomas Gould said. Sometime during the morning, the dog was released from the kennel, he said. Anderson was watching the 1-year-old, brindle-and-white male named Diesel for a friend. She was charged with endangering the welfare of a child and being the keeper of a dangerous dog, Gould said.

The New York boy was visiting family friends at the residence off Souther Road when the attack occurred, Livermore Falls police officer Vern Stevens said. It was the second attack by the dog this month, he said. The boy was mauled Tuesday on both legs in the ankle area and his abdomen, Stevens said.

For the full article, see article.

Maine has laws that allow someone who is injured by a dog or other dangerous animal to recover money for their injuries.  At Berman & Simmons, we are experts in helping people who have been hurt in an animal attack.  Please contact us if you would like to speak to an attorney about your case.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Truck Driver Killed in Falmouth Crash

Monday, March 29th, 2010

Reported by WMTW.com, Channel 8
Updated:  March 27th, 2010

FALMOUTH, Maine — State police are investigating a fatal crash on the turnpike spur off exit 52 in Falmouth. The victim was Marc Moreau, 40, of Turner. A News 8 crew came upon the accident at about 10:30 a.m. Friday. State police said Moreau had just picked up a load of trash from Westbrook and was headed to Old Town when his rig overturned and the cab smashed into the guardrail. He was talking on his cell phone and may have been driving too fast when it overturned, state police said. Moreau was killed instantly when he was crushed inside the cab of the truck. State police said it took more than four hours for the body to be removed from the vehicle.

The ramp finally reopened to traffic at about 8:10 p.m. after crews cleaned up the tons of garbage that spilled when the truck overturned. No other vehicles were involved in the crash.

Although this was a single car accident, recovery for the family of the decedent may be possible.  The product liability team at Berman & Simmons has successfully recovered against major auto manufacturers in one-car accidents where a defective or dangerous condition of the car caused or contributed to the accident.  In this case, there may be a question of medical advice or malpractice if the accident was caused by a treatable medical condition or reaction to a prescription medication.  For more information, contact Berman & Simmons at 1-800-244-3576 or read more on our website on our car accident practice page.

Madawaska Crash Victim Identified

Thursday, March 25th, 2010

Reported By Jen Lynds
Bangor Daily News Staff
3/25/10

MADAWASKA, Maine — Police on Wednesday released the name of a local man killed late Tuesday afternoon when the truck that he was driving collided with a tractor-trailer. The crash occurred on a slush-covered section of U.S. Route 1 in the St. David section of town. Police Chief Ron Pelletier said Gabriel Lilly, 23, was killed after he lost control of his vehicle shortly before 3:30 p.m. about a quarter-mile from the Grand Isle town line. Lilly was traveling east toward Van Buren when he veered out of control while attempting to pass a tractor-trailer. The pickup then spun around and ended up sideways in the path of another oncoming tractor-trailer, which struck the driver’s side of the pickup, the chief said. The tractor-trailer, owned by Dysart’s Transportation, was driven by Charles McLellan. He was not injured. Lilly was traveling alone and it was not clear whether he was wearing a seat belt. Hydraulic extrication equipment was used to remove him from the wreckage. Lilly was taken to Edmundston (New Brunswick) Regional Hospital, where he was pronounced dead, Pelletier said.

The posted speed limit on the road was 55 mph, but the roads were slushy at the time, Pelletier said. He said Wednesday that Lilly was driving too fast for the road conditions. The victim’s name had been withheld until Wednesday pending notification of family.

Even in cases where accidents are caused by slippery road conditions, it is sometimes possible to recover under negligence or product defect theories.  In terms of negligence, the driver may have been going too fast or not driving attentively enough for the conditions.  Sometimes there are issues in terms of vehicle maintenance–brakes, tire tread, tire pressure, etc.  Finally, there have been technologies available for more than 10 years which assist a driver in maintaining control on slippery surfaces.  The most common technologies are anti-lock brakes and electronic stability control.  ABS brakes allow a driver to maintain control under braking conditions.  ESC automatically senses the slipping wheels and selectively applies braking and throttle to prevent a loss of control.  Beyond that, there are sometimes “crashworthiness” claims where injuries or deaths could have been prevented with a safer vehicle design.  Examples of crashworthiness claims include unlatching or seatbelt failure, failure of the airbags to deploy or deploying under conditions when they should not have deployed, roof crush, fuel fed fire, etc.  Unlike most personal injury firms which only consider negligent driving claims, at Berman & Simmons, we have the resources and expertise to evaluate all possible types of claims arising out of a severe and catastrophic vehicle-related injury.  Give us a call at 1-800-244-3576 or visit our website at www.bermansimmons.com to learn more about us and how we might help you.

Inexperience may have Contributed to Motorcycle Accident in Casco

Tuesday, March 23rd, 2010

Reported By Dennis Hoey
Staff Writer, Portland Press Herald
March 21, 2010

CASCO, Maine — A head-on collision between a motorcycle and a car late Saturday night left the motorcyclist with serious injuries, the Cumberland County Sheriff’s Department said. Capt. Jeff Davis said inexperience may have contributed to the crash, which involved 47-year-old Mark Leach. Leach was summonsed for not having a license to operate a motorcycle. Police said Leach’s 1996 Honda motorcycle crossed the center line on Meadow Road in Casco and struck a 1994 Ford Escort driven by 52-year-old Mark Valsecchi of Otisfield.

Davis said suffered a possible broken pelvis and back injuries. He was listed in serious condition Sunday night by a spokesperson at Maine Medical Center in Portland. The accident took place at 10:45 p.m. Saturday.

At Berman & Simmons, we are experts in assisting clients in car accident cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Drag Race may have led to Crash

Tuesday, March 23rd, 2010

Reported by WCSH6.com (NEWS CENTER)
Heather O’Bryan, Producer
March 22, 2010

RAYMOND, Maine – A man from Gray is critically injured after being ejected from his car. It happened around 8:30 Sunday night on Raymond Hill Road, in Raymond. Deputies say two cars appeared to be drag racing when one went off the road and struck a culvert. That caused the car to catapult through the air and flip over, ejecting the driver. Deputies say Nicholas Leone of Gray landed on a stone wall nearby. The other vehicle involved then took off.

Leone is listed in critical condition at Maine Medical Center.

At Berman & Simmons, we are experts in assisting clients in car accident cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

2nd Deadly Crash in Standish in 1 Week

Tuesday, March 23rd, 2010

Reported by WGME 13.com
Posted: Sunday, March 21 2010, 05:07 PM EDT
Ted Homer – Producer

Standish, ME – A man died after he was thrown from his car late Saturday night in Standish, the Cumberland County Sheriff’s Department said early Sunday. Deputies say they responded to reports of a vehicle crash in the 600 area of River Road shortly after 10pm. When deputies arrived, they say they found a 1999 Mercury Sedan off the road after hitting several trees. The occupant, 32-year-old Robert Libby of Standish, was found lying in a field about 75 feet from his car. Deputies say he wasn’t wearing his seat belt and was suffering life-threatening injuries. Libby was taken to Maine Med in Portland where the sheriff’s office says he died of his injuries shortly after. The sheriff’s office says speed and alcohol appear to be contributing factors.

The crash is the second deadly accident in a week in Standish. On March 14, just after 12am, 45-year-old D’Ann Seidell Bochese was killed after she tried to pass a car on Oak Hill Road, but collided with it instead, sending both cars careening 200 feet into a field, according to investigators. Bochese’s body was found more than 40 feet up in a tree. A passenger in Bochese’s car and three people in the other car were injured. The sheriff’s department says Bochese and the rest of the victims had been drinking at the bar Memory Lane nearby. No charges have been announced in the case.

Although this was a single car accident, recovery for the family of the decedent may be possible.  The product liability team at Berman & Simmons has successfully recovered against major auto manufacturers in one-car accidents where a defective or dangerous condition of the car caused or contributed to the accident.  In this case, there may be a question of medical advice or malpractice if the accident was caused by a treatable medical condition or reaction to a prescription medication.  For more information, contact Berman & Simmons at 1-800-244-3576 or read more on our website on our car accident practice page.

Skowhegan Motorcyclist Seriously Injured in Accident

Tuesday, March 23rd, 2010

Reported By Abigail Curtis
Bangor Daily News Staff

 SKOWHEGAN, Maine — A motorcycle was struck by a pickup truck Saturday afternoon, causing the rider to be flown to Eastern Maine Medical Center in Bangor to be treated for serious injuries. Daniel McGowan of Skowhegan, 63, was riding a 1982 Suzuki toward town on Norridgewock Avenue at about 1:15 p.m. when the accident happened, according to Patrol Officer Stanley Guilmette of the Skowhegan Police Department. A 15-year-old boy driving a large 2009 Chevrolet pickup truck came up behind McGowan but apparently didn’t see the motorcycle, the officer said. The youth was accompanied by a licensed driver. “He hit it, impaling the motorcycle into the front of the truck,” Guilmette said, adding that the force of the impact ejected McGowan into a ditch.

Numerous passers-by made emergency 911 calls to report the accident. The Skowhegan Police Department was assisted at the scene by an accident reconstructionist from the Madison Police Department. The Skowhegan Fire Department and Redington-Fairview Rescue also aided the injured motorcyclist, who was not wearing a helmet. “It was a mess,” Guilmette said.

McGowan first was treated at Redington-Fairview General Hospital and then was flown to Bangor by LifeFlight helicopter. No information about his condition was available from the hospital Sunday afternoon.

For the full article, see article.

At Berman & Simmons, we are experts in assisting clients in car accidents cases like this one.  We gather all of the evidence and use the best accident reconstruction experts to recreate the conditions of the accident.  We explore all angles of recovery for the victims and their families, including liability claims, underinsured or uninsured motorist claims and product defect claims arising out of dangerous and defective cars.  We have recovered millions of dollars in cases where other lawyers were unable to find a legal remedy.  If you or someone you know have suffered an accident-related injury or death, please give us a call or send an email.  We do not charge anything for a consultation.  For more information, visit our website at www.bermansimmons.com.

Woman Dies after SUV Strikes Tree

Wednesday, March 17th, 2010

By Bangor Daily News Staff
Mar 16, 2010

WALDOBORO, Maine — A Friendship woman died after her SUV struck a tree Sunday afternoon. Blaire Horton, 28, was driving south on Friendship Road in her blue Jeep Cherokee when a car started to back out of a driveway, according to police. Horton swerved to avoid the car, even though it was still in the driveway, and hit a tree. At about 4 p.m. Waldoboro firefighters removed Horton from the vehicle. She was taken to Miles Memorial Hospital in Damariscotta where she later died from her injuries. Horton was the only person injured in the accident.

Chief Bill Labombarde of the Waldoboro Police Department said although the roads were wet, he did not think the conditions were a contributing factor. Labombarde said speed was not a factor and he also did not think alcohol or drugs were factors in the accident. He said this was a case of a driver overcorrecting her vehicle. The accident is under investigation by Waldoboro police Officer Jeff Fuller. Lincoln County Sheriff’s Department Deputy Chad Gilbert is conducting the accident reconstruction. Friendship Fire Department assisted with traffic control.

Although this was a single car accident, recovery for the family of the decedent may be possible.  The product liability team at Berman & Simmons has successfully recovered against major auto manufacturers in one-car accidents where a defective or dangerous condition of the car caused or contributed to the accident.  In this case, there may be a question of medical advice or malpractice if the accident was caused by a treatable medical condition or reaction to a prescription medication. For more information, contact Berman & Simmons at 1-800-244-3576 or read more on our website on our car accident practice page.

Driver Hurt in Farmington Crash

Tuesday, March 16th, 2010

Reported By Donna M. Perry, Staff Writer, Sun Journal
Mar 16, 2010 12:01 am

FARMINGTON, Maine – A New Sharon woman was injured Monday after her vehicle was struck by another on Route 156, Farmington police officer Michael Adcock said. Samantha Marsh, 16, of New Sharon was driving her Ford Escort toward the Whittier Road when it hit some ice and spun around, Adcock said. It struck a Jeep Cherokee driven by Wanda Adams, 47, of New Sharon, who was traveling in the opposite direction, he said. Adams complained of knee, stomach and rib injuries and was treated at the scene by NorthStar Emergency Medical Services personnel but declined to be taken by ambulance to a hospital, he said.

The Jeep received front-end damage and the Escort received passenger side damage, he said. He estimated both vehicles were totaled.

Even in cases where accidents are caused by slippery road conditions, it is sometimes possible to recover under negligence or product defect theories.  In terms of negligence, the driver may have been going too fast or not driving attentively enough for the conditions.  Sometimes there are issues in terms of vehicle maintenance–brakes, tire tread, tire pressure, etc.  Finally, there have been technologies available for more than 10 years which assist a driver in maintaining control on slippery surfaces.  The most common technologies are anti-lock brakes and electronic stability control.  ABS brakes allow a driver to maintain control under braking conditions.  ESC automatically senses the slipping wheels and selectively applies braking and throttle to prevent a loss of control.  Beyond that, there are sometimes “crashworthiness” claims where injuries or deaths could have been prevented with a safer vehicle design.  Examples of crashworthiness claims include unlatching or seatbelt failure, failure of the airbags to deploy or deploying under conditions when they should not have deployed, roof crush, fuel fed fire, etc.  Unlike most personal injury firms which only consider negligent driving claims, at Berman & Simmons, we have the resources and expertise to evaluate all possible types of claims arising out of a severe and catastrophic vehicle-related injury.  Give us a call at 1-800-244-3576 or visit our website at www.bermansimmons.com to learn more about us and how we might help you.