Man hit by ice chunk sues teens, parents

AUBURN — Three teenagers accused of throwing ice from a Maine Turnpike overpass are being sued by the man who was knocked unconscious by one of the chunks.

Maine State Police said the three, who were 16 and 17 years old at the time they were charged in March, hurled massive chunks of ice onto passing cars and trucks the night of Jan. 16, 2009.

The three have been charged as minors with aggravated assault with a dangerous weapon, though one of them has since turned 18.

In his civil complaint, filed recently in Androscoggin County Superior Court, Robert L. Deschaine of Sabattus names the three teens as well as their parents. The teens were students at Oak Hill High School in Wales.

Deschaine said in his lawsuit that the three youths threw a chunk of ice from the Webster Street overpass that night toward a passing truck. The ice, described by police as the size of a beach ball, smashed through the windshield of the passing truck driven by Deschaine.

The chunk of ice hit Deschaine, knocked him unconscious and caused him to lose control of his truck. A passenger was able to gain control of the truck and bring it to a stop.

Deschaine suffered bodily injury and sustained permanent scarring. He suffered physical pain as well as emotional distress.

He incurred medical expenses and suffered loss of income, as a result of the injuries caused by the incident, according to his Lewiston attorney, Anthony Ferguson, who wrote the complaint.

Deschaine accuses the teens of negligence as well as intentional and malicious conduct.

He said the parents of the teens are liable for their children's actions that resulted in injury and damages to him.

It took police more than a year to find and charge the teens with the crimes.

Shortly after Deschaine was knocked out inside the truck, Lewiston police and state police searched the area around the overpass, but found no one.

The investigator for Maine State Police acted on information provided later that led to the eventual arrests, a spokesman said.

Prosecution of the three teens is pending in juvenile court.

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Comments

 's picture

A stupid thing to do

They could have caused death(s). They should be prosecuted, and I agree that their parents should be held liable. Parents...children are your responsibility as long as they are minors who live in your home!

 's picture

GOOD!

While working upstate Maine, I travelled daily, and saw on way more than a few occaisions teenagers and young adults just standing over the railing, and throwing things, I have called 911 several times because of what I saw. Snowballs and rocks just missing my car too. Yes, get after the parents too. I'd be mortified if my teen did that and would take full responsibility. Thats what good parents do.

 's picture

At their age...

the parents may or may not hold responsibility. Bad kids come out of good families and good kids can come out of the most dysfunctional families. Let's not be in such a state as to generalize. I think the teens need to be held accountable and justice needs to be served to the driver of that truck. This was a deliberate act on their part - an attempted murder charge is not unreasonable.

 's picture

At their age...

the parents may or may not hold responsibility. Bad kids come out of good families and good kids can come out of the most dysfunctional families. Let's not be in such a state as to generalize. I think the teens need to be held accountable and justice needs to be served to the driver of that truck. This was a deliberate act on their part - an attempted murder charge is not unreasonable.

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