For Immediate Release
October 12, 2006

Contact:
Rand Ardell
(207) 774-1200
Jason Wolfe
(207) 883-6083
E-mail: beryl@wolfenews.com
Web Site: http://www.bernsteinshur.com

PORTLAND, Maine – A jury that awarded $2.9 million Tuesday to a Buxton man seriously injured in a hit-and-run along a newly-paved section of Route 302 found the Maine Department of Transportation partially liable for failing to stripe the road.

The jury, in a unanimous verdict, concluded that both the driver who struck Lucas Tolliver and fled as well as the State were negligent, said Peter Rubin of Bernstein Shur, the firm that represented Tolliver during the six-day trial in Cumberland County Superior Court.
“The Maine Department of Transportation is required to stripe new pavement in a timely manner,” Rubin said. “At the time of this incident, it had been over a month. We are pleased that the jury understood that both the driver and the State shared responsibility for this avoidable tragedy.”

Tolliver was struck by a car driven by Caroline Knight of Casco in the early morning hours of June 20, 2004 as he walked in what should have been the breakdown lane of a newly-paved, wide section of Route 302 in Casco. Knight fled the scene in her car, but was stopped by State Police the following day.

MDOT had repaved the roadway on May 17, but the only markings on the new pavement, which was approximately 44-feet wide, were small temporary reflectors separating the two travel lanes, according to testimony.

Without a solid painted white line dividing the travel lane from the breakdown lane, testimony showed, motorists had difficulty distinguishing between lanes and also may have believed there were two travel lanes since the new roadway was so wide.

Tolliver suffered a traumatic brain injury in the accident that left him permanently impaired. He also received broken bones, including his pelvis and ribs, and a lacerated liver. Now 25, Tolliver lives at home and is cared for by his father.

The State contended that it did not unreasonably delay the striping of the roadway, and that the absence of stripes was not an important factor in the accident.

Jurors concluded that the State bore 35 percent of the negligence, while Knight was 65 percent responsible for what occurred. Justice Thomas E. Delahanty presided over the trial.

The Maine Department of Transportation was represented by Eric Wright at trial. Tom Marjerison represented Knight.

Bernstein Shur is one of northern New England’s largest multi-service law firms, with over 85 attorneys in Portland and Augusta, Maine and Manchester, New Hampshire. Established in 1915, the firm provides practical legal counsel to a diverse group of public and private clients throughout the region and around the world. Bernstein Shur’s commercial, litigation, and municipal practices are complemented by the services of the firm’s affiliates, which include Bernstein Shur Government Solutions LLC, a government consulting firm; Stratex LLC, an environmental and engineering consultancy; and Monument Title Company. For more information, visit bernsteinshur.com.

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