A driver involved in an accident on Rt. 235 in Waldoboro in June 2009 in which one person died, has filed a notice of claim against the town of Waldoboro.
A notice of claim is filed prior to filing a lawsuit against a government agency. In this case, the government employees are 15 members of the Waldoboro Fire Dept., including Fire Chief Paul Smeltzer.
According to the accident report filed at the time, on June 4, 2009, Steven Kaler of Warren was driving south on Rt. 235 when another vehicle attempted to pass him. He accelerated, temporarily preventing the vehicle from passing, according to the report.
The other vehicle eventually passed him and Kaler lost control of his truck, crossing into the oncoming lane and hitting Harold Benner of Waldoboro head on, according to the report. Benner died at the scene and a passenger in Kaler’s truck, Robert Colpritt, was injured.
Following the accident, Kaler was trapped under his truck. The basis of Kaler’s claim is that the equipment used to free Kaler “caused or contributed to” Kaler’s truck being on fire, according to the claim. Kaler suffered severe burns that resulted in the amputation of portions of both of his legs.
The total amount for which Kaler is suing is not known, but his medical bills exceed $892,000 and he will also sue for any future medical procedures, lost wages, loss of earning capacity, and “past and future pain and suffering, disfigurement and past and future enjoyment of life,” according to his claim.
No criminal charges have been filed in connection with this accident, as it is still under investigation, said District Attorney Geoffrey Rushlau.
