Rochester looks to dismiss fatal motorcycle crash lawsuit. Family objects.
ROCHESTER — Multiple parties, including the city, are seeking to dismiss a wrongful death lawsuit filed by the family of Michael Collins Sr., who died in a crash at a city intersection.
Collins, of East Rochester, died in a motorcycle accident in the city of Rochester. He was killed Aug. 19, 2023, at approximately 7:41 p.m., when his motorcycle, a 2010 Harley-Davidson Electra Glide, was struck by a 2016 Toyota Corolla, driven by Kimberlee Lynn Raymond, a resident of Rochester.
Collins Sr. was 55 years old at the time of his death.
His son, Michael Collins Jr. of Richmond, Virginia, filed a wrongful death suit against Raymond, the city of Rochester and Electric Light Co. of Cape Neddick, Maine, (doing business as Electric Signal Repair). The crash happened at the intersection of South Main Street and Portland Street. At issue in the suit is the traffic light, which was faulty and in a "safety mode" displaying only red and yellow flashing lights instead of functioning as a traffic signal. The suit alleges Collins had a yellow flashing light on South Main Street and the right of way, when he was struck by Raymond, who went through the intersection on a red flashing light.
The suit alleges the traffic light, operating in "safe mode," was confusing to motorists, and claims several Rochester police officers had reported the malfunction throughout the day. It also alleges the traffic light company had not responded to correct the malfunction. It also alleges Raymond was negligent in the operation of her car.
How driver, city of Rochester and others respond to lawsuit
According to court documents, each defendant has filed responses to the lawsuit. Kimberlee Lynn Raymond, is represented by Clara Lyons and in her response she invoked the Fifth Amendment, citing her right not to incriminate herself. She has asked for a jury trial.
Both the city of Rochester, represented by Matthew Burrows and Electric Light Co., represented by Michael Johnson, filed motions to have the lawsuit dismissed, stating there was no negligence in their actions that day and they were not responsible for the accident.
Late motorcyclist's son objects to motions to dismiss
Collins Jr., through his attorney Christopher Gavrielidis, objected to their motions. The claim, according to court documents, alleged the city knew that morning that the traffic signal was malfunctioning and they not only failed to have it repaired but they did not post a police detail at the busy intersection to help direct traffic.
Collins Jr's suit alleges Electric Light Company was aware the light was not functioning, and was negligent in its schedule of service and maintenance for the traffic light.
Calls to lawyers for each party, seeking comment for this story, were not immediately returned.
In the lawsuit, Collins Jr. requests judgment be entered against the defendants, in an amount the "finder of fact deems fair and just, plus costs, interest, and reasonable attorneys’ fees where permitted by law." The suit specifically requests to be awarded expenses such as medical and funeral costs, wages the motorcyclist would have earned if he had not died and other damages.
This article originally appeared on Fosters Daily Democrat: Rochester looks to dismiss fatal motorcycle crash lawsuit
