A Harpswell man who was injured last year when a drunken driver crossed the centerline on Cundy’s Harbor Road in Harpswell and crashed into his vehicle has sued the driver and the establishments that he claims served her too much alcohol.
Samuel Desjardins, 40, filed the lawsuit in Cumberland County Superior Court in Portland on March 11, accusing Cynthia Moody, also of Harpswell, of negligence for the crash on Jan. 6, 2015, that left him with broken bones and incapacitating injuries, according to the complaint and police accident report.
Moody, 52, pleaded guilty to criminal charges of felony operating under the influence resulting in injuries and felony aggravated assault. She was sentenced Nov. 20 to serve 20 months of a five-year prison sentence, with the rest suspended during a three-year probation term, according to the Department of Corrections.
Moody is serving her sentence in the Maine Correctional Center in Windham, where her earliest possible release date is March 10, 2017.
Desjardins is also accusing five establishments under the Maine Liquor Liability Act of negligence and recklessly serving Moody alcohol. The establishments named as defendants are Applebee’s in Brunswick, Cumberland Farms in Brunswick, Byrnes Irish Pub in Bath, Winner’s Sports Grill in Brunswick and Ravens Roost in Brunswick.
Desjardins is represented in the lawsuit by attorney Benjamin Gideon.
Moody’s attorney, Matthew Libby, filed an answer to the lawsuit saying that Moody admits to the crash but denies Desjardins’ claim of negligence.
Lawyers for the establishments also filed answers with the court denying the Desjardins’ accusations of negligence.
Desjardins is seeking an unspecified amount of money in the lawsuit for his injuries, bills and damages.
Scott Dolan can be contacted at 791-6304 or at:
Twitter: scottddolan
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