City sued over pedestrian death

BERLIN – The city is being sued for wrongful death by the estate of a woman killed in a pedestrian accident in the fall of 2010.
Patricia Boucher was struck by a pick-up truck on Sept. 20, 2010 while crossing Mason Street at the intersection of Mason and Pleasant Streets.
In a civil writ served last week, Boucher’s sister, Linda Palmer, in her capacity as administrator of Boucher’s estate, alleged the traffic control device at the intersection was inadequate and unsafe. The writ charges the city had received numerous complaints about the dangerous situation that existed at the intersection.
The writ states the 57-year old Boucher was walking south on the east side of Pleasant Street. When she approached the intersection, the crosswalk signal was illuminated, signaling it was safe to cross Mason Street. At the same time, a pick-up truck, also traveling south on Pleasant Street, approached the intersection where a green arrow signaled it was safe to make a left turn. The driver proceeded and crashed into Boucher, who was three quarters of the way through the intersection when she was struck by the pick-up truck.
The writ alleges the police department had received complaints that the traffic signal provided motorists driving south on Pleasant Street a green light while simultaneously signaling to pedestrians that it was safe to proceed south across Mason Street. As a result of the city’s negligence and failure to respond to the unsafe situation, the writ charges Boucher suffered painful and severe injuries that resulted in her death.