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AUBURN – A local police officer is being sued by a driver who claims the man ran a red light last year and crashed his vehicle into the plaintiff’s car.

Vincent A. Thomas, 46, of Lewiston lodged the complaint against Barry Schmieks, 32, of Auburn in Androscoggin County Superior Court.

In his suit, Thomas said he was driving his car on Chestnut Street in Lewiston. Schmieks was driving a rental car on Lincoln Street when he ran a red light and his vehicle hit Thomas’ auto, according to the suit.

Schmieks, an officer in the Auburn Police Department, was on the job when the accident occurred, the suit said.

A report on file at the Lewiston Police Department provides conflicting accounts. It says a witness interviewed by the investigating officer said he was 40 feet from the accident scene when he saw a red light on Lincoln Street. He was the only witness found, the report said.

In the officer’s narrative of the same report, Thomas’ car is the one that didn’t stop at a red light and was in the middle of the intersection when the car driven by Schmieks struck it.

Schmieks was driving a 2000 Ford owned by Jim’s Rent It of Auburn. The insurance on the car was city of Auburn, which is self-insured, suggesting Schmieks was on duty.

The accident occurred at 8:55 a.m. Saturday, Oct. 28, 2006, on a wet road in the rain, according to the accident report.

Thomas, who was wearing a seat belt, complained of neck pain after the crash, according to the accident report.

In his suit, Thomas, through his attorneys, claims Schmieks was negligent for failing to stop for the red light. The suit also says the city of Auburn is liable because Schmieks was on duty at the time.

Thomas’ injuries and damages include pain and suffering, both physical and emotional; past and future medical expenses; loss of earnings and future earning capacity; permanent impairment; and loss of enjoyment of life.

In his response to Thomas’ complaint, Schmieks, through his attorneys, wrote that he doesn’t have enough information to form an opinion about the truth of Thomas’ assertion that Schmieks ran a red light and smashed into Thomas’ car. For that reason, he denied that he was negligent and that his negligence caused the accident.

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