Driver, passenger, vehicle owner face suit over fatal crash

ALFRED – The family of an Alfred man who was killed in a crash on Route 111 is suing the driver of the other vehicle.

Christopher M. Lyons, 34, of Biddeford is in jail awaiting trial for manslaughter, criminal operating under the influence, aggravated assault, reckless conduct with a dangerous weapon and operating after revocation for the accident that killed 69-year-old John Gerry on New Year’s Eve.

Police have said Lyons’ blood-alcohol level was 0.20 percent, more than twice the legal limit of 0.08 percent, when he tried to pass a vehicle and collided head-on with Gerry’s car as Gerry was heading home to his first evening of retirement.

The civil suit filed in York County Superior Court on Wednesday also names a passenger in the truck, the owner of the vehicle and Gerry’s insurance company. Gerry’s sister, Sharon Cote, was listed as the personal representative of Gerry’s estate.

The eight-count lawsuit seeks nearly $3 million for emotional loss, funeral expenses, medical costs and financial harm suffered as a result of Gerry’s death and other damages.

The suit claims Lyons was negligent and reckless and that his actions resulted in Gerry’s death.

Steven Verville, the owner of the pickup truck and the roofing company that employed Lyons, bears responsibility, the suit says, because Lyons was acting within the scope of his employment when the accident occurred. The suit also claims Verville was partly responsible for the events leading to the crash.

Adam R. Sims, Lyons’ passenger, allowed Lyons to drive while intoxicated, according to the suit.

The suit said Sims was responsible for the truck earlier on the night of the accident. Verville bought the truck so his employees could travel to job sites.

Sims was driving Lyons and others before Lyons began drinking at the end of the workday, the suit claims. Sims allowed Lyons to drive when he knew, or should have known, that Lyons was intoxicated, according to the suit.

The complaint against Concord General Mutual Insurance Co. was filed after the company allegedly refused to pay damages in connection with Gerry’s death.