ROCKLAND – The attorney for the family of a 9-year-old boy who was killed in a crash two years ago in Port Clyde, filed a motion Nov. 12 in Knox County Unified Court to enable the involved parties to focus on pursuing a voluntary resolution.

Kevin Libby, the attorney for Howard Gold and his family of Cohasset, Mass., requested a motion to stay for 90 days upon agreement of all parties, which was granted by Justice Daniel Billings, according to court documents.

Gold initially filed the lawsuit Aug. 10, in Knox County Unified Court for the fatal crash that occurred Aug. 11, 2013. The defendants named in the suit are Cheryl Torgerson, of New York, who was the driver of the vehicle that struck four people, Monhegan Boat Line in Port Clyde, and James and Judith Barstow of St. George, owners of the wharf, according to court documents.

Gold’s 9-year-old-son, Dylan, died after being struck by the vehicle. Dylan Gold’s mother, Allison, and brother, Wyatt, who was 6 at the time of the crash, both sustained injuries and were flown by helicopter to Maine Medical Center. 

Allison Gold sustained severe injuries, was hospitalized for two weeks and later received follow-up care at a rehabilitation center while Wyatt was released a few days from the hospital following the crash.

Jonathan Coggeshall, of Port Clyde, was also injured in the crash.

According to court documents, Gold states in the suit Torgerson was negligent for failing to operate her vehicle in a reasonable and safe manner causing the death of Dylan Gold and severe injuries to Allison Gold, and also injuring Wyatt, Dylan’s younger brother.

The lawsuit also claims that Monhegan Boat Line was also negligent because it failed to erect barriers and gates and did not have a system to safely navigate the mix of pedestrian, motorist, and bicyclist traffic in the area.

The owners of the wharf property, James and Judith Barstow, were also cited as being negligent.

The lawsuit said that the Gold family incurred medical expenses, emotional distress from witnessing the crash that killed Dylan Gold and pain and suffering from being struck by the vehicle.

Attorney Kevin Libby, of Monaghan Leahy in Portland, is representing the Gold family in the lawsuit. Attorney Robert Hatch, of Thompson and Bowie, also in Portland, is representing Torgerson.

Following the crash, the Knox County Sherriff’s office reported that Torgerson, who was planning to catch a boat to Monhegan, had been traveling alone, and when she was cresting the short hill that marks the end of Route 131 (Port Clyde Road), and for unknown reasons, the sedan she was driving accelerated before hitting another vehicle, smashing into the corner of the Monhegan Boat Line shop, pinning Jonathan Coggeshall against the building wall, ramming into six other cars and hitting Dylan, Allison, and Wyatt Gold who were walking along the wharf.

Torgerson said her car had suddenly accelerated as if the pedal was stuck to the floor. The Maine State Police accident reconstructionist did not find any vehicle defects which would have caused the sudden acceleration.

Torgerson’s blood test following the crash did not show any traces of alcohol in her system and officers reported that she did not show any sign of illness or behavior that indicated she was under the influence of drugs. District Attorney Geoffrey Rushlau said last year that there was not sufficient evidence to prosecute Torgerson for any criminal offense.

Related Stories:

• Boy dies in Port Clyde as car careens downhill, crashes into people and cars

• Investigation of horrific accident continues

• Port Clyde community honors Dylan Gold family at end-of-season gathering

• Blessing for fleet, 9-year-old Dylan Gold brings Port Clyde community together

• For Port Clyde, a healing and remembrance

• District Attorney Rushlau issues reasons for not filing charges in horrific Port Clyde accident

• District Attorney, Sheriff convene St. George meeting to discuss Port Clyde crash

• Knox County Sheriff’s Department to get forensic mapping, accident reconstruction training 

Sarah Shepherd can be reached at news@penbaypilot.com