FARMINGTON – The father of a snowmobiler killed last year after an SUV struck the snowmobile she was sitting on at the side of Routes 2 and 4 in Farmington has filed a lawsuit against bar owners, the woman driving the vehicle and an acquaintance of hers.
The civil suit filed by Hardy, Wolf & Downing on behalf of Jose Cerqueira of Wilton, personal representative of his daughter, Lisa Cerqueira’s estate, names the defunct Black Fox Den of Wilton, joint owners, Dustin T. Hackett of Wilton and William Gore, temporarily of Auburn, Bruce Smith of Wilton and Sarah Forbes of Farmington, and unknown servers of alcohol as employees of the bar.
The suit demands reasonable compensation for all injuries and damages, plus Cerqueira’s cost and interest.
Forbes, 44, the driver of the SUV that struck the snowmobile, pleaded guilty to aggravated operating under the influence in September in connection with Lisa Cerqueira’s death in February 2007. Forbes, who prosecutors said had a blood alcohol level of .23 percent, was sentenced to one year of a five-year sentence in prison and had her license to drive suspended for 10 years.
Forbes apologized to the family at her sentencing.
Lisa Cerqueira, 20, died from injuries several days after the accident. She was on the back of a snowmobile driven by her fiance, Rick Billian, of Strong when it crossed to the opposite side of the road and a ski got stuck on curbing. Billian got off to straighten it out, and Cerqueira stayed on the back, with the snowmobile partially in the travel lane due to no breakdown lane on that section of road. That’s when it was struck.
The state dismissed a charge of manslaughter in the case because investigators said it was unclear if alcohol was a major factor in the accident.
The lawsuit claims that the bar, its owners, servers and employees, and a friend negligently and recklessly served alcohol to Forbes while she was visibly intoxicated.
The suit further claims Forbes was driving negligently and carelessly, which caused the SUV to collide with the snowmobile and failed to yield the right of way to the snowmobile.
Both Gore and Hackett denied those allegations Thursday.
“I didn’t know I was being sued,” Gore said. He said they were contacted by Hardy, Wolfe & Downing last year and were asked about insurance. The bar had no insurance, he said.
Both Gore and Hackett said that lawyers are making an assumption that Forbes was visibly intoxicated. She wasn’t, both said. She had been at the bar earlier in the day, went to dinner with a friend and returned.
Gore, who was not at the bar the evening of the accident, said he gathered information on Forbes’ visit and found she was served three alcoholic drinks and two diet sodas and a 16-ounce glass of water over a two-hour period.
The bartender was experienced and had shut five or six people off that evening, Gore said.
Forbes was not slurring her speech or staggering, Gore said.
“I don’t feel she was drunk when she left the bar,” said Hackett, who was there that evening. “She was not visibly intoxicated … I just feel they’re reaching very hard to get money out of us.”
He had played pool with Forbes, and she nearly beat him, he added.
“I feel it is very unfortunate that this happened,” Hackett said.
He said a friend of Forbes offered her a ride when she left the bar, because the man she was with had been shut off and was getting disorderly.
Bruce Smith of Wilton, an acquaintance of Forbes and Hackett’s uncle, whom she had dinner with and is accused of serving her alcohol before returning to the bar, declined comment on the lawsuit.
Attorneys representing Cerqueira were unavailable for comment Thursday.
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