Morning Sentinel
Crash victim's widow sues trucker
By BETTY JESPERSEN
Staff writer
Kennebec Journal & Morning Sentinel 12/06/2007

FARMINGTON -- The widow of a Kingfield man who was killed when his van was struck by a tractor trailer hauling lime on Route 16 two years ago is suing the Canadian driver and his employers.

Jerome F. Daly, 45, died at the scene of the 11:30 a.m. accident Nov. 5, 2005 of apparent internal trauma, police said at the time.

The trucker was Andre Pelletier, 43, of LaVal, Quebec, who had minor injuries. The crash occurred about 11/2 miles from the Kingfield town line in New Portland. The road has a series of S-turns.

Among the companies named by Jane Daly in the wrongful death suit are L. Breton Transport, Malo Transport, and Transport Chalut, all of Quebec.

Daly's attorney, Steven Silin from Berman & Simmons in Lewiston, on Wednesday said Pelletier was negligent for not traveling at a safe speed, failing to properly load the vehicle and to control it.

"The truck was carrying a lot of weight and the driver was trying to negotiate some very aggressive turns. And he was proceeding in a way where he was unable to control that vehicle," Silin said.

Community members over the years have complained to state and county police about the speed and unsafe driving practices of some truckers, especially those hauling lime for Breton and Malo, according to published reports.

Also, letters of concern from area legislators and U.S. Sens. Susan Collins and Olympia Snowe were sent to U. S. Customs and Border Protection questioning the large number of Canadian trucks allowed to cross into Maine at Coburn Gore, which is not a commercial entry point.

"This is certainly one of the motivating factors in Jane Daly bringing this lawsuit. Many residents are very concerned about problems with some of these trucks and whether they are being operated and maintained properly and if they are unsafe vehicles on the road," Silin said.

He said Daly was not just interested in legal redress: "Jane wants to see legislative change to ensure greater protection for Maine people out on the highways."

Jerome Daly had a successful business in Massachusetts that he sold before moving with his wife and three young children to Kingfield to find a better quality of life, Silin said. The family became involved in the community and Jerome Daly was well-known and well-liked, Silin said.

Police at the time of the crash said it appeared Pelletier was trying to negotiate a corner.

He swerved into the opposite lane to correct the truck but lost control and the rig flipped onto its side. It was sliding along the road when it struck the van. Although Daly tried to take evasive action, there was no place to go, officials said.

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Reader comments

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fulla34 of no.anson, ME
Dec 6, 2007 7:18 AM
I'm sorry for your loss Mrs.Daly. I live on Rt. 16 the truck's you speak of travel this stretch of road all day every day, they often travel well over the posted speed and if you are going the speed limit they ride your bumper and pass in unsafe place's. A lot of big truck's travel this stretch of road. The police don't visit the area often enough to keep the the truck's from speeding or all the Sugar Loafer's for that matter. The lime hauler's are the one's I'm scared of, they seem to think there above the law. I would share the road with a Poland Spring truck or a Log truck over these trucks any day of the week.report abuse
kidatheart of Portland, ME
Dec 6, 2007 10:56 AM
Try and get paid in Canadian dollars...they are worth more!report abuse

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