Camden resident agrees to dismiss four towns, employees from liability in Mid-Coast Solid Waste lawsuit
November 2014 at the Midcoast-Solid Waste Transfer Station. (File photo by Lynda Clancy)
November 2014 at the Midcoast-Solid Waste Transfer Station. (File photo by Lynda Clancy)
ROCKLAND — The attorney for a Camden resident who filed a claim against the Mid-Coast Solid Waste Corporation, the four towns that incorporate it, and two employees there for the cost of injuries suffered at the facility on Nov. 26, 2014, has now filed a motion to dismiss all of the defendants except the corporation.
Justice Bruce Mallonee granted the motion June 1. The case remains pending in Knox County Superior Court.
The motion dated May 24, states that the plaintiff moves the court to dismiss without prejudice and costs the town of Camden, Rockport, Lincolnville and Hope along with employees James Guerra, the manager and Gary Leighton.
According to the claim that was filed July 12, 2016 in Cumberland County Superior Court, Charles Sturdee Jr., of Camden, was off-loading brush when he was allegedly struck by a length of tree/wood while it was being moved by transfer station employees.
Sturdee’s attorney, Christian Lewis, of the Lewiston firm Hardy Wolf and Downing, wrote in the suit that the subsequent injuries to Sturdee’s knee and back caused great pain and mental anguish, “requiring hospitalization and medical treatment,” for which the Corporation, towns and two employees are financially liable. The injuries, the suit said, caused loss of enjoyment of life, loss of earnings and loss of earning capacity.
Sturdee maintains that Guerra was supervising the operation of the John Deer J442 Base Loader. Leighton was driving the equipment, the suit said. He alleges that Guerra was “unmindful of his duty” and careless in his supervision in such a manner that it collided with Sturdee.
Guerra was negligent in not warning Leighton in time before striking Sturdee, according to the suit.
Mid-Coast Solid Waste Corporation was initially represented by Camden Attorney Paul Gibbons. Edward Benjamin of Drummond Woodson in Portland is now representing the corporation.
Sturdee’s current attorney is Stephen B. Wade of Skelton, Taintor and Abbott of Auburn.
Reach Sarah Shepherd at news@penbaypilot.com
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