AUGUSTA City sued in police crash
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BY BETTY ADAMS
Staff Writer
Kennebec Journal & Morning Sentinel 11/20/2009

AUGUSTA -- A pedestrian injured when she was struck by a police cruiser two years ago is suing the city and the patrol officer involved.

Natalie A. Kennison, 66, of Windsor accuses Officer Jay Languet of negligence in the Nov. 16, 2007, accident that occurred in a crosswalk.

The lawsuit was filed by Kennison's attorney, Ronald Bourget.

A response filed by Jonathan W. Brogan, the attorney for the city's insurer Maine Municipal Association, denies Languet was negligent. It also says that any lasting damages suffered by Kennison "are the result of pre-existing or post-accident conditions."

An accident investigation report by Augusta police Officer Donald Whitten says Kennison was crossing Willow Street at Cony Street when she was struck by Languet's cruiser just before 5:20 p.m.

Whitten said he arrived at the scene and to find Languet speaking to Kennison, who lay in the roadway with two bags of groceries next to her. Kennison was taken by ambulance to MaineGeneral Medical Center and released after treatment.

Whitten's report said Kennison indicated her chest and abdomen were sore, and she was given pain medication. She told Whitten she had pushed the "walk" button twice at the crosswalk and it did not work, according to the report.

Languet told Whitten he had been traveling east across the bridge looking for a vehicle that had been involved in a theft case. Languet said he had turned left onto Willow Street when he saw a person in front of his vehicle and was unable to stop before striking her.

Whitten interviewed Kennison at the hospital and then checked on her later that night at her Augusta residence at the request of her grandson who was in Rhode Island. Whitten also checked on her twice the next day.

According to the lawsuit, Kennison suffered "intense pain and suffering; injuries to the head, neck, shoulder, chest and arm; psychological and emotional distress at the scene, during recovering and treatment; longterm and permanent injuries; future injuries; loss of enjoyment and use; and other damages."

She is seeking an unspecified amount of money.

"Most of her injuries have resolved," Bourget said Wednesday. "There are ongoing residual problems with some of her limbs."

The lawsuit alleges Languet drove too fast for the area, failed to see the pedestrian, failed to follow road signs or traffic control signals and made an improper left turn.

It also charges that the city failed to properly supervise public safety employees in the operation of motor vehicles.

Augusta City Manager William Bridgeo said a check of police personnel records shows no formal disciplinary action was taken against Languet in connection with the accident.

The court case has been assigned to Justice Donald Marden.

Betty Adams -- 621-5631

badams@centralmaine.com