PORTLAND (AP) – A jury that awarded $2.9 million to a pedestrian who was critically injured in a hit-and-run crash concluded that the Maine Department of Transportation was partly to blame for taking too long to paint stripes on Route 302.
The jury in Cumberland County Superior Court concluded Tuesday that the driver who police say admitted hitting Lucas Tolliver was negligent, but jurors also faulted the MDOT for taking more than a month to paint stripes on the newly resurfaced highway.
“The Maine Department of Transportation is required to stripe new pavement in a timely manner,” said Peter Rubin, Tolliver’s attorney.
Tolliver, who’s now 25, was struck at 2 a.m. on June 20, 2004, while walking on what would have been the breakdown lane on Route 302 in Casco if there’d been stripes.
He suffered a head injury as well as broken ribs, a broken hip and a lacerated liver.
Route 302 was surfaced on May 17, 2004, and temporary reflectors were put in place. But permanent stripes had not been painted by the time of the incident.
Lacking stripes, motorists were apparently confused over whether there were two lanes, or one lane and a breakdown lane, according to testimony.
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