FARMINGTON – The fiancé of a woman killed nearly a year ago while she was sitting on a snowmobile partially on Routes 2 and 4 has filed a lawsuit against the drunken driver whose SUV struck the machine, a defunct Wilton bar and its owners, among others.
Richard Billian Jr., now of Chesterville, and his fiancee, the late Lisa Cerqueira, 20, of Wilton, had driven across the highway when one of the skis of the machine Billian was driving got stuck on a road curbing. Billian got off the machine to straighten it out when an SUV driven by Sarah Forbes of Farmington struck the snowmobile, which Cerqueira was still sitting on. Both Billian and Cerqueira were seriously injured in the Feb. 23, 2007, accident, and she died from her injuries several days later.
Forbes, 44, who had a blood alcohol level of .23 percent at the time of the crash, was initially charged with manslaughter and aggravated criminal OUI. But prosecutors could not get a clear determination if alcohol was the sole factor in the accident and dismissed the manslaughter despite objections from the Cerqueira and Billian families.
Forbes pleaded guilty to aggravated criminal OUI and was sentenced in September 2007 to serve one year of a five-year sentence in prison and had her license to drive suspended for 10 years.
Billian’s suit follows a lawsuit filed by Cerqueira’s father, Jose Cerqueira, naming the same people and filed in December in Franklin County Superior Court in Farmington.
Billian’s suit names Forbes, Black Fox Den of Wilton, joint owners Dustin T. Hackett of Wilton and William Gore, temporarily of Auburn, Bruce Smith of Wilton and John Doe No.’s 1 and 2, the unknown servers and employees of the bar.
The defendants, excluding Forbes, who is jail, have denied allegations in both Jose Cerqueira’s and Billian’s lawsuits.
Billian’s civil suit charges Forbes negligently operated her motor vehicle and caused the collision and as a result, Billian has suffered severe bodily injury, has suffered and will continue to suffer pain of mind and body. He also has incurred and will continue to incur: medical and other expenses, loss of income and earning capacity, loss of enjoyment of life and permanent injury, the suit states.
The suit also charges Forbes with wanton misconduct, negligent infliction of emotional distress and punitive damages.
He asks the court to issue a judgment against Forbes in a reasonable amount together with interest and costs and further relief.
Other counts in the suit charge negligent service of liquor, reckless service of liquor against the bar, Hackett, Gore, Smith and the two John Does.
Forbes was at the bar and at Smith’s residence during the day and accused of drinking liquor there.
In Hackett’s reply to the allegations listed in Billian’s suit, his attorney, David Sanders, claims Billian is guilty of comparative fault of such a degree as to bar or reduce any recovery to which he might otherwise be entitled.
It also claims that damages and injuries alleged are due to the intervening negligence of a third party.
Jose Cerqueira’s suit demands judgment against defendants in an amount sufficient to fairly and reasonably compensate for all injuries and damages, plus plaintiff’s cost and interest.
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