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Edward and Jennifer DiNitto, of 8 Nashua Road, Apt. 6, recently filed a civil lawsuit in Lowell Superior Court alleging that the July 28, 2005, accident during which they were riding on Hollis Street and crashed into the side of a pickup truck at the intersection of Brookline Street was the town's fault.
But the town's attorney, John J. Cloherty, said his firm has drafted a motion to dismiss the lawsuit, based in part, on the legal immunities available to municipalities.
Under the law, a claim involving a defect in the roadway, such as the location of a stop sign or the trimming of vegetation, would have had to have been submitted within 30 days of the accident, Cloherty said. That was not done.
Cloherty said that although this is a tragic accident, under the law the town has no liability in this case. That motion is scheduled to be heard on Nov. 17 in Lowell Superior Court.
At the time of the accident, Pepperell police reported that the couple was driving on Hollis Street about 5:15 p.m. when the motorcycle collided with a 1995 GMC pickup truck driven by Abigail South, then 29, of Pepperell. No charges were filed against South. Both husband and wife were wearing helmets.
The DiNittos could not be reached for comment and their attorney Robert D'Auria did not return inquires
from The Sun. However, in the lawsuit D'Auria alleges the town was negligent in failing to "properly maintain the intersection and the public land abutting the intersection located at Brookline and Hollis streets."
Specifically, the lawsuit states the town was negligent in its placement of a stop sign at the intersection and failed to cut trees, brush and overhanging vegetation on public land blocking the view of operators approaching the intersection, as well as failing to require adjoining landowners to cut their shrubbery that obstructs approaching motorists' views.
According to court documents, the driver, Edward DiNitto, then 35, suffered numerous internal injuries, broken bones and lacerations.
DiNitto had to be flown via medical helicopter to Boston University Medical Center where he was treated for his injuries. His then 31-year-old wife, Jennifer, who was a passenger on the motorcycle, suffered a shattered left ankle, a broken left leg and a fractured pelvis.
The couple is seeking nearly $500,000 to cover hospital expenses and lost wages.
To see more of The Sun, or to subscribe to the newspaper, go to http://www.lowellsun.com. Copyright (c) 2008, The Sun, Lowell, Mass. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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