Katherine Dennison, the widow of Herbert Dennison, Cape Elizabeth’s former public works director who was killed in an accident at the town’s transfer station in November 2014, has filed a civil suit against the town and the driver of the vehicle who struck her husband.
She is suing for wrongful death, negligence and negligent infliction of emotional distress. The lawsuit was served on the town late Tuesday afternoon, according to Town Manager Mike McGovern.
“We continue to be saddened by the death of Mr. Dennison,” McGovern said
However, since there is now pending litigation, McGovern said he would refrain from making any further comments. He said the complaint filed by Katherine Dennison has been forwarded to the town’s insurance carrier, which will arrange for defense counsel.
On Nov. 24, 2014, at about 10:30 a.m., Herbert Dennison walked up to the waste hopper at the transfer station in order to dispose of some household trash. He was hit by a vehicle driven by Christine Sharp-Lopez, who was backing up to the hopper. Dennison was pushed into the hopper by the impact of the crash and was killed.
Katherine Dennison’s suit claims both the town and Sharp-Lopez were both negligent in taking due care and that negligence led directly to her husband’s death. She is seeking a judgment of $500,000, according to the court documents.
Although there was an investigation into the crash, Sharp-Lopez was never charged with a crime in the incident. However, it did cause the town to implement short-term safety measures and has also led to a proposal for a $1.4 million bond for transfer station upgrades, which will appear on the June ballot.
The suit states that by allowing both pedestrians and vehicles to approach the trash hopper at the same time, particularly by instituting a traffic pattern where cars had to back up to the hopper, the town created a “dangerous condition” and therefore is “liable for bodily injury or death relative to its negligent acts or omissions in its ownership, maintenance or use of the transfer station.”
The suit also claims that Katherine Dennison has suffered “substantial pecuniary loss” and “substantial emotional distress” and that she is “entitled to full and just compensation.”
Herbert Dennison was 79 at the time of his death and in an affidavit attached to the lawsuit, his wife said she’s “suffered greatly” from his loss. The affidavit said the couple was married for 58 years and raised three children together.
“Over these many years I have depended on Herbert for comfort and companionship, as well as assistance with household and family responsibilities,” Dennison said in her affidavit. “Losing Herbert has left me heartbroken and lonely. I miss him every day.”
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