ROCKLAND — A settlement has been reached in a civil case filed against a driver who struck and killed a child and injured three others on a ferry dock in Port Clyde nearly three years ago.
Howard Gold, father of Dylan Gold, the 9-year-old boy killed in August 2013, filed the civil complaint in last August, contending the defendants’ combined negligence caused the death of his son.
The suit is scheduled to be dismissed in July, after mediation between the parties.
The Gold family, of Cohasset, Massachusetts, filed the action against driver Cheryl Torgerson of New York City, who was driving the 2007 Nissan Infinity that struck four people. The crash injured Dylan Gold’s mother, Allison, his younger brother Wyatt, who was 6, and Jonathan Coggeshall, 70, of Port Clyde.
Assuming no further filings within 60 days of the mediation, the case will be dismissed on July 6 with prejudice and without costs, according to court documents.
The Golds say Torgerson was negligent in failing to drive her vehicle safely and not maintaining control to avoid striking them and ultimately caused severe injury to Allison Gold and the death of Dylan.
District Attorney Geoffrey Rushlau has said there is not enough evidence to charge Torgerson criminally. The case was not presented to a grand jury.
No specific monetary amount was requested in the suit, but it does say that the family incurred medical bills.
A message left for Torgerson’s attorney, Robert C. Hatch of Portland, seeking information about the settlement, was not immediately returned. The Golds’ attorney, Kevin G. Libby, also of Portland, was not available to discuss terms of the settlement.
The suit also claims that Monhegan Boat Line was negligent because it failed to reasonably maintain safe premises, including failing to properly erect warnings, barriers and gates, and channel the mix of pedestrians, motorists, bicyclists and other traffic in the area. The suit also names the owners of the dock property, Judith and James Barstow, as defendants.
The crash occurred on Aug. 11, 2013 when Torgerson left her home and drove to Port Clyde, intending to take the 3 p.m. ferry to Monhegan Island.
Torgerson initially stopped the car a short distance from the wharf, but the vehicle moved forward and hit another car, spinning it around. The car then accelerated and hit the terminal building at a speed of about 31 mph, according to investigative reports.
Torgerson’s vehicle continued down the terminal, striking and injuring Coggeshall, and struck vehicles parked on the wharf.
The Golds were injured when the cars along the wharf were hit. Dylan died of his injuries a short time later.
Witnesses heard Torgerson say she did not know what happened. One witness said they heard her say that the accelerator just “went.”
Torgerson told Sgt. John Palmer of the Knox County Sheriff’s Office the car accelerated as if the gas pedal was stuck to the floor. In her written statement, she said the pedal was “jammed.” She also told the officer she could not remember if she used the brake.
Torgerson had no alcohol in her system, and showed no sign of injury or illness.
Courier Publications’ reporter Juliette Laaka can be reached at 594-4401, ext. 118, or via email at [email protected].
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