Firefighter’s Collision Prompts Lawsuit Against Town

By Andrew Gorosko

A New Milford woman has filed a lawsuit in Danbury Superior Court, seeking money damages from a volunteer firefighter and the town in connection with a motor vehicle accident that occurred on Berkshire Road (Route 34) in October 2008.

In the civil suit, which was filed in court on October 1, Cherrine Short, 20, of New Milford, seeks an unspecified amount of money damages exceeding $15,000 from Jason Rivera, 33, of 16 Narragansett Trail, and from the town, which is named as a co-defendant.

Mr Rivera is chief of Newtown Hook & Ladder Company #1, which is one of the five local volunteer fire companies. The October 2008 accident reportedly occurred as Mr Rivera was driving a town-owned pickup truck while returning from a fire call.

According to a police report on the October 11, 2008, accident, motorist Steve Karolczuk, 28, was driving a 2007 Saturn Ion sedan eastward on Berkshire Road at about 8:42 pm.

At that time, Mr Rivera, who was driving a 2007 Ford pickup truck, was attempting to pull out of the driveway at 206 Berkshire Road to enter the road, according to police.

The pickup truck pulled out in front of the sedan and the two vehicles collided, police said.

Mr Rivera told police that he did not see the approaching sedan, according to the police report. Mr Karolczuk told police that he did not expect that the pickup truck would pull out onto the road in front of him, police said.

Following the accident, Mr Karolczuk and Ms Short, who was a passenger in the Saturn, were transported to Danbury Hospital on complaints of injury, according to police.

Police said that Mr Rivera received a written warning for failure to grant the right of way.

Attempts to reach Mr Rivera for comment were unsuccessful.

Town Attorney David Grogins said that the lawsuit would be referred to the town’s insurance firm for legal representation.

In the lawsuit, attorney Scott McCarthy of Cramer & Anderson, LLP, representing Ms Short, states that the accident was caused by Mr Rivera’s negligent conduct which resulted in him failing to grant the right of way to the approaching sedan.

In the legal papers, Mr McCarthy states that Ms Short sustained multiple serious and permanent injuries because of which she has incurred and may continue to incur medical expenses to treat, cure, and alleviate her injuries. Also, Ms Short has experienced and will continue to experience various problems, according to the lawsuit.

Because Mr Rivera was engaged in his official duties on behalf of the town at the time of the accident, the town is liable for all money damages under state law, according to the legal papers.

The town has a November court return date in the lawsuit.