FARMINGTON – The estate of a Kingfield woman killed in a head-on collision with a van has filed a lawsuit against the van’s driver and employer in Franklin County Superior Court.
Samantha Jo Wright, 38 of Kingfield, was killed in a two-vehicle crash on Route 27 on the afternoon of Jan. 6. According to Franklin County Sheriff’s Department, which investigated the incident, a 1999 Dodge minivan driven by Wright was traveling north on Route 27 while a 2006 Ford E250 van, owned by National Distributors Inc. of South Portland, was driven south by Craig Gage of Saco.
According to law enforcement, witnesses in another vehicle following the van reportedly saw it drift into the shoulder on the right side of the road where there was an accumulation of ice and snow. The vehicle then over-corrected, according to FCSD, causing the vehicle to drift across the center line and into the path of the north-bound minivan.
Wright died at the scene as a result of the accident. Gage was transported to Franklin Memorial Hospital for the non-life threatening injuries he sustained.
The crash occurred just north of the Farmington town line near the Holley Road intersection.
Andrew Hodgins, Wright’s husband and acting as her estate’s personal representative, has filed a lawsuit against Gage and National Distributors, alleging negligence as the cause of Wright’s death.
“The collision of the two vehicles was proximately caused by the negligence of Defendant Gage,” Count 1 of the suit alleges, “who failed to see that which was there to be seen, failed to proceed at a reasonable speed for the conditions of travel, failed to keep his car in the proper lane, failed to heed the presence of another vehicle, failed to obey the rules of the road, and failed generally to adhere to appropriate standards of care.”
Damages listed by the suit include lost earning capacity, additional childcare costs, funeral expenses and the “loss of the comfort, society and companionship of the decedent, who was a wife and mother, including damages for emotional distress.” Hodgins and Penelope Wright Hodgins, Wright’s 1-year-old daughter, are listed as the statutory beneficiaries of the claim.
Count 2 of the complaint merely re-alleges everything stated in Count 1, but indicates that Gage was acting as the “agent or servant” of National Distributors, making the company liable.
I am very sorry for this families loss, but filing a lawsuit against the company or the driver is just silly. Not every accident should result in the financial gain of the victim. This type of thinking is one of the reasons the medical field is so out of control.
Agree with Bob. Sometimes accidents are simply “accidents”. So sad for all parties involved.
This has nothing to do with why the “medical field” is out of control.
This is the type of incident that is exactly what our legal system is suited for. The victim was in no way responsible.
The driver of the van could have prevented the incident from occurring.
He could have driven slower.
He could have driven more carefully.
He could have pulled over and waited for conditions to improve.
He could have been more skilled and or experienced at driving in those conditions.
Driving down the road and being struck by lightning is an accident. Being hit head on by another vehicle is something else.
The responsibility for this incident should be put on the politicians and the citizens of this state and particularly of Franklin county. That is a bad stretch of road that should have been upgraded years ago, except we have been too cheap to take care of our responsibilities. There have been numerous motor vehicle collisions and crashes on Rt. 27-16 from Farmington through Carrabassett Valley. It’s a part of a major international trucking route as well as the primary route to the Sugarloaf resort. It’s narrow, winding, bumpy with thin shoulders and in places no shoulders. It’s poorly graded and drained. The vegetation is too close to the sides. It is also not adequately patrolled. Cell phone coverage is very spotty.
Perhaps it wasn’t “just an accident”. Perhaps the family is privy to information that has not been released to the general public. Was the driver texting or otherwise distracted at the time of the crash? Going too fast for the road conditions? I am going to give the family the benefit of the doubt and figure they have good reason to seek amends for the death of their loved one.
Please also consider the impact on the driver’s life. I’m sure he has also suffered emotional distress and will continue to do so, knowing he unintentionally caused the death of another human being. All drivers are guilty of inattention from time to time, young drivers don’t have as much experience in various driving conditions, and everyone knows an accident like that can happen in a nanosecond. It’s a tragedy for everyone involved, and I am terribly sorry for the victim’s family. That said, no amount of money can ease the grief of losing a loved one and suing the driver/company is, I believe, a questionable and unfortunate choice given the circumstances.
Snowman,
The driver drives cautiously, accidents still occur.
The driver drives slower, causes someone in a hurry to get in an accident.
The driver pulls over and is the victim of someone else getting pulled into slush or whatever conditions it was.
The driver is just as skilled as any other driver, if not more since they are in a traveling vehicle. But if you’re willing to pay for people to take defensive driving courses, be my guest.
What it all come down to is this was just an accident! Sadly they happen too frequently, but this driver did not leave his house that morning thinking, “I’m going to drive wrecklessly so I can kill another driver today.” I mean let’s be serious, this could have been you as the driver and you could be having the law suit filed against you. Accidents are accidents, and how easy it is to get a law suit on someone is sickening because people will soon thrive for things to happen so they can file one.
Prayers for the driver and company as they continue going through this battle, and prayers to the victim and family.
We drive this road a LOT. The people headed to and from the ski resort (and not just people from Massachusetts!) drive like maniacs. Every EVERY time I am on this road I am passed multiple times on solid lines, curves, BOTH, many times several cars are passed at the same time … last Sunday, in a thick icy slush, this behavior was rampant, and resulted in at least one rollover which we saw. A good friend on his way to work was hit head on a couple years ago by a Massachusetts skier passing 3 cars at once in a no-passing zone. Yes it is a country-type road. Between Kingfield and CV it is windy and narrow, and it can be ice or snow covered. DRIVE ACCORDINGLY. In our family we refer to those that drive without any regard to road conditions as ‘The Immortals” … Except, they aren’t (at least in any corporeal way). I tire of hearing “road conditions” blamed for accidents. If people drove responsibly, that would be a very rare reason for an accident. We all live here, people. Park your egos with your hurry and drive like you think it’s important that everyone gets where they’re going!
I’m not sure what snowman means about that stretch of road. The road conditions were horrible that day because of the weather, but the road itself is not an issue there. The politicians can’t take hills and corners out of our rural Maine roads, both of which are an issue in the area of the accident site. The sides of the road are decent there, the road itself is not rough. This was an accident, tragic yes, and perhaps there is more that we do not know, perhaps not; but it isn’t about the road.
Seeking compensation to redress a wrong, regardless of if the wrong was intentional, was established as a component of Western civilization thousands of years ago. It’s roots in our judicial system can be traced to the Old Testament.
It is separate and different from a criminal act.
We all make decisions in life that we thought at the time were right but turned out to be the wrong choice.
That doesn’t excuse us from the consequences of our actions.
This was a sad incident for all parties involved and it will continue to reverberate as a defining moment for the survivors for the rest of their lives.
Karen and snowman make excellent points about general driver responsibility, lack of traffic law enforcement, and the need for road improvements.
My daughter was in an accident on the very same road, around the very same time. She was injured but was lucky. I thank my lucky stars. It could have been much worse.
There were no other vehicles involved in her crash. Her driver was at fault. He wasn’t driving recklessly. He hit a patch and lost control. It was an accident. He was considered at fault because of the conditions. He should not have been out at all is what he was told.
In the real world, people need to go to work, school, the doctors, etc. This is Maine. We cannot shut everything down because of a little snow. So, we carry on with our lives just as Ms. Wright did and Mr. Gage.
I do not believe for one minute that Mr. Gage thought that he would have an accident that would take someone else’s life. I do not believe as he drove down the road that day that he said to himself. “Let’s catch some slush and see what kind of spin I can get myself in?” I don’t think he said to himself. “Look there is a car coming, let’s see if i can scare the living daylights out of the driver.”
It is devastating for everyone involved. If Mr. Gage is considered negligent for being out in the conditions, then I am sorry to say that Ms. Wright was, too. Let’s call it what it was, “A tragic and unfortunate accident.” :-(
I travel 27 quite often. I use caution. It is a dangerous road. Add debilitating conditions, it is an accident waiting to happen. Yes, people do speed, pass and take chances on this road, as Karen above stated. This behavior is not isolated to Rt. 27. To imply that everyone does, is a dangerous statement to make. That is like saying all blonde haired blue eyed men are thieves.
Many of the commenters here do not seem to have a clear grasp of the logic involved in the legal process.
What if my car is parked in a lot and you hit it? Don’t you think that you are responsible for the repairs, regardless of whether you intended to hit it or not? You could say your brakes failed. So what? It’s still your responsibility. You may in turn try to place the fault on the car manufacturer. That’s Ok, as long as someone compensates me for the damage to my vehicle.
If I am driving, or walking or whatever, minding my own business, not acting recklessly- I don’t suddenly jump out in front of you; and you hit me and cause me injury; who is responsible for my medical expense?
Myself? Why should that be? You caused the injury to me. Why should you not pay? Especially if I cannot afford to pay for my care. (Thanks to LePage).
Now, take it another step. What if I am killed? Should that then get you off the hook? That might lead to the concept, if you hit them, make sure they are dead.
What if I am a part of a household, that depended on my support? What are they supposed to do? Why should they suffer because of something you are responsible for?
Lightning, earthquakes, alien attacks, wild animals- these are causes of accidents that (normally)have no fault.When you have interactions between people, it becomes a matter of who is responsible.
To Hmmmm…
Very glad that your family was spared the grief that fell upon the Wright family.
Certainly there is wisdom to the advice “Shelter in place.” The Public doesn’t have all the information related to the case. Perhaps it would be wiser to just wait and see what is revealed.
Many have probably heard of the horrendous accident that occurred in Calif. when a FedEx semi crossed the highway median and crashed head on into a bus carrying 48 high school students and their chaperones on a trip to tour a college campus. Both vehicle drivers killed. All 3 chaperones and 5 students killed. Many others injured.
Both drivers had clean driving records. The cause of the accident is still pending. Will FedEx get sued?
Probably.
You are all correct. I am not saying that this family is not deserving of some compensation. It was a great loss of a beautiful life.
I have been in a pretty bad accident myself. The other person had insurance. I didn’t sue the other person and the company that they worked for.