Motorcycle victim's father sues for $21M
Claims investigation by state was negligent
Toolbox
By Peter Hirschfeld Times Argus Staff - Published: June 18, 2007
MONTPELIER – A bereaved father is suing the state of Vermont for $21 million for what he calls a negligent investigation into the 2004 death of his daughter.
Joseph Perreault filed the civil suit Tuesday at superior court in Washington County. The Plainfield resident says officials in the Department of Public Safety and Office of the Attorney General showed disregard for his daughter and for the law by failing to fully prosecute a man involved with her death.
"I don't want anybody else to go through this," Perrault said Friday. "I think she deserved more than this."
Samantha Perreault died in June of 2004 from injuries she suffered in a motorcycle accident on Route 2 in Moretown. Two men, including the driver of the motorcycle on which she was a passenger, were convicted of criminal charges for their roles in her death.
But Perreault says in his lawsuit that one of the drivers, Justin Lawrence, was never prosecuted for driving without a license. Perreault says he told the assis-tant attorney general prosecuting the case that Lawrence did not have a motorcycle endorsement at the time of the accident, but that the information was disregarded.
Lawrence, Perreault says, was never cited for the offense, nor was it introduced as an aggravating factor in his criminal sentencing.
"By the state not doing anything, they're saying it's okay for you to drive without a license," Perreault says. "I've gone through all the right channels, called the state police, called (the Office of the Attorney General). All I'm getting is blown off."
In addition to seeking monetary damages, Perreault is also demanding that Lawrence be charged and prosecuted for driving without a license.
Cheryl Hannah, a professor at Vermont Law School, says Perreault likely faces an uphill battle in court. Not only would he have to prove personal harm caused by the alleged negligence, she says, but most state governments are immune to litigation based on claims of negligence.
"I have a lot of sympathy for citizens who bring these kinds of suits," says Hannah, who has not read the suit. "It can be hard for people in this situation to get answers from individuals as to why they've made decisions the they have … But I'm not sure his lawsuit will ever get anywhere."
Norman Poulin, Lawrence and Perreault were traveling east on Route 2 from Waterbury toward Middlesex when the accident occurred the evening of June 13. The three had left the Waterbury Pub, police say, where both Poulin and Lawrence each drank three rum and cokes.
Lawrence drove solo in the lead motorcycle while Poulin and Perreault followed behind. After passing several vehicles and reaching speeds of up to 70 miles per hour, according to police and witness statements, Lawrence lost control of his motorcycle while negotiating a bend.
As Lawrence fishtailed and fell off his bike, police say, Poulin, who was following about a car's length behind, attempted to avoid a collision by applying his brakes. He was unable to maintain control of the motorcycle, which fell on its side and skidded off the roadway with its driver and passenger.
Perreault was pronounced dead on arrival at Central Vermont Hospital. Lawrence suffered a broken femur, fractured eye socket and fractured ribs. Poulin suffered a concussion and bruises.
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