Settlement with Brewer, Vitale estates is resolution without protracted litigation

Rockport settles claims against town, police officers in double-fatal car crash

Thu, 09/08/2016 - 7:30pm

    ROCKPORT - Rockport Town Manager Rick Bates Thursday confirmed that the town has settled with the families of 16-year-old Kara Brewer, of Rockland, and 17-year-old Emily Vitale, of Warren, in their impending lawsuits against the town, former Police Chief Mark Kelley and reserve officer Craig Cooley. The lawsuits stemmed from a double-fatal car accident on Dec. 5, 2015, in Union.

    Notices of Claim were served in April on behalf of Brewer's and Vitale's estates. Brewer, who was killed in the crash, was a front-seat passenger in a car driven by Caleb Byras, 17, of Litchfield, who also died. The backseat passenger, Vitale, was seriously injured.

    Bates said in a press release Thursday that payment had been made to the Estate of Kara Brewer in the amount of $200,000 to resolve the claim. A payment had been made to the Estate of Emily Vitale in the amount of $100,000 to resolve that claim.

    "Liability coverage for such claims is provided to the Town and its employees through the Town's membership in the Maine Municipal Association Property & Casualty Pool, a self-funded municipal risk pool. Settlement funds paid to resolve the claims were provided by the Pool, and not the Town," said Bates in the release.

    Attorney Benjamin Gideon of Berman & Simmons represented Danielle Benner, as personal representative of Brewer's estate. Gideon provided the following statement Thursday upon news of the settlement:

    "I can confirm that we reached a settlement with the town of Rockport, Officer Craig Cooley, and with the insurance company for Caleb Byras, the driver of the vehicle in which Kara was a passenger," said Gideon. "Out of respect for Kara's family, I won't be discussing the amount of the settlement or details of our negotiations over the past few months."

    Gideon said that this was one of the saddest cases he has ever been a part of, and that Kara's death had a profound impact on her family, friends and the entire Midcoast. Her family continues to grieve, and he asked that people respect their privacy.

    "At its core, this case was about the policies and laws that govern the actions of police officers. We have great respect for Maine's police departments and the officers who bravely serve, often under stressful circumstances. But as a society, we also have a responsibility to keep watch on our police forces, to provide checks and balances on their power, to question their actions, and to hold them accountable when necessary," said Gideon.

    Cooley was on duty and involved in a pursuit moments before the accident that claimed the lives of Byras and Brewer, and seriously injured Vitale. Byras was driving a 2001 Subaru Legacy, his grandmother's, and it was determined that Cooley had initial contact with the Subaru just before midnight on Route 17 in Rockport, near the S-curve by Mirror Lake.

    It was the second time Cooley had encountered the vehicle speeding in Rockport that night, but this time, moments after turning on his turn signal and pulling over into the median as if to stop, the driver pulled back out onto the road and fled, with Cooley in pursuit.

    That pursuit, and the alleged "negligent" manner in which Cooley operated his police cruiser, were "a direct and proximate cause of the injuries and resulting death of Kara Brewer," said Gideon in the Notice of Intent to Sue.

    Also according to the notice, Vitale told investigators that speeds of the vehicles were approximately 105-110 mph.

    Attorney Peter Clifford of Clifford and Clifford, represented Vitale, through her mother, Jeri Vitale.

    Both attorneys alleged that the high-speed chase that Cooley conduced was unreasonable as a violation of standard police practice and policy, but also because the stop was for a traffic violation, not a more serious infraction; because Byras was known to Cooley as he had issued him a summons following a stop for speeding approximately an hour earlier; and because Cooley knew Byras was a juvenile.

    The settlement means that the case will not proceed to court.

    In April, Gideon said it was unlikely there would be any personal, financial exposure by Cooley in this or other court actions, because he was on duty at the time of the incident. Bates said Thursday that the insurance company agreed to extend liability coverage to Cooley, and Kelley, as employees of the town.

    Related stories:

    • Two families file notice to sue Rockport over officer-involved pursuit, fatal crash

    • Rockport police chief: Officer acted properly given circumstances

    • Litchfield, Rockland teens die in Saturday night crash


    Reach Editorial Director Holly S. Edwards at hollyedwards@penbaypilot.com and 207-706-6655.