Vernon settles lawsuit filed by estate of woman killed in cruiser-involved crash
Oct. 11—VERNON — The town's insurance company has settled a lawsuit filed by the the estate of a woman who died when riding as a passenger when her vehicle was struck by a Vernon police cruiser last year.
The town's insurance company negotiated the settlement with the woman's estate, and the
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In
In the lawsuit, Colon-Hernandez's estate sued Lisee and the town for negligence, alleging Lisee did not have his siren on and was driving too fast under the conditions.
Lisee was responding to an emergency call when the collision occurred, and Vargas is facing several charges, including driving under the influence and second-degree manslaughter with a motor vehicle, among others.
Following an executive session, the
There was no discussion before the vote and the settlement will be covered by the town's insurance policy.
"Even in the face of a call for backup, he has a duty to act reasonable under all these circumstance," D'Amico said.
Lisee is back to work and did not face any disciplinary action, Champagne said.
Colon-Hernandez's child is now in the custody of her mother, D'Amico said, adding that the settlement money is expected to eventually be put into a restricted account for the benefit of the child through probate court.
D'Amico said the child has a "fairly severe" case of autism, "so he's probably going to require a lifetime of care. It's just a sad situation all around."
The cruiser involved in the crash did not have a dash camera installed, a violation of state law, and a memory card from the civilian vehicle's dash camera "contained no video images or usable files," according to an arrest warrant for Vargas. The only footage of the accident comes from Lisee's body-worn camera and a security feed located outside the Vernon police station, near the scene of the accident.
In its lawsuit, the estate of Colon-Hernandez alleged that Lisee was driving faster than 90 miles per hour when Colon-Hernandez's car was "violently struck" by the police car.
Colon-Hernandez's vehicle "exploded" and was pushed roughly 100 feet up a curb, eventually hitting a tree in a yard, resulting in pieces of the car being suspended in the tree, the lawsuit states.
She was pronounced dead at the scene.
The lawsuit alleged Lisee was operating his cruiser "at an unreasonable, improper, and excessive rate of speed" considering the curves, traffic, intersection, and weather conditions, and that he did not reduce his speed before impact.
It further alleges that Lisee was driving in a "reckless and dangerous manner," that he was "inattentive and failed to keep a proper lookout," and that his cruiser was not equipped with adequate brakes.
While video of the crash shows that Lisee's emergency lights were on, the lawsuit alleged that he did not activate his sirens, nor did he slow down before entering the intersection or sound his horn or give any warning signal of his approach.
Because of the alleged "negligence and/or carelessness," Colon-Hernandez suffered "extreme pain from multiple injuries," including internal injuries and internal bleeding, the lawsuit states.
Colon-Hernandez's son sustained a concussion and post-concussive syndrome, a fractured pelvis, multiple broken ribs, a punctured lung, a lacerated liver, internal bleeding, several spinal injuries, and severe post-traumatic headaches, according to the lawsuit.
"Some of said injuries, or effects thereof, are likely permanent," the lawsuit states. He has also been "permanently deprived of the love, comfort, support, and companionship of his mother."
Lisee was also injured in the crash and, in a separate lawsuit, is seeking compensation from Vargas for his injuries.
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