A Portland attorney has filed a $2 million wrongful death lawsuit against a Hiram man accused of killing a woman and seriously injuring her daughter in a crash on Dec. 1 in Windham.
The lawsuit against Philip Macri was filed this month and lawyers for the woman’s estate have also obtained a $2 million attachment to prevent Macri from transferring his assets to protect them from seizure as a result of any judgment against him.
Rebecca Perry, 38, was killed in the crash on Tandberg Trail, just north of the Presumpscot River near the Standish line. Her passenger, Perry’s 16-year-old daughter Gretchen, was taken to Maine Medical Center in Portland with multiple broken bones, including a fractured spine, and other serious injuries in the crash, which police said occurred when Macri’s pickup crossed the centerline and hit the pickup driven by Perry nearly head-on.
Windham police say the two full-size pickups collided around 10:47 p.m. on Dec. 1
Steven D. Silin, the lawyer with the firm of Berman & Simmons who represents the estate of Rebecca Perry and her injured daughter, claims that Macri transferred his house, valued at $235,000, to his father two weeks after the crash to shield it from judgment. The lawsuit said that Silin expects to seek at least $2 million in damages from Macri.
The attachment order, signed by Superior Court Justice Andrew Horton, said damages are being sought from Macri because of Perry’s death, the injuries to Gretchen Perry and funeral expenses.
Silin said that to get the attachment order, the judge had to agree that it was likely that the damages will be awarded. He also said the standard in this case was slightly higher because the judge issued the order ex parte, meaning that Macri and his lawyer were not able to immediately argue against the attachment.
Macri was arrested on Feb. 2 and charged by Windham police with manslaughter, aggravated criminal operating under the influence, two counts of aggravated assault, aggravated trafficking in drugs, reckless conduct with a firearm and criminal forfeiture of a firearm.
Macri and a passenger, Kelly Brangan, 23, of Englishtown, New Jersey, suffered minor injuries, authorities said.
According to the lawsuit, Macri was speeding and while subsequent tests revealed he had not been drinking, he had cocaine and marijuana in his system at the time of the crash.
Macri was convicted of operating under the influence in 2012.
The lawsuit challenges Macri’s Dec. 16 transfer of his house to his father, who lives in Florida, as fraudulent. The lawsuit says that Macri still has possession and control over the property despite the transfer and there was no “reasonably equivalent” payment to Macri for the property.
The lawsuit also said that Macri’s insurance is capped at $100,000 per person and $300,000 per crash.
Silin said the crash has been devastating to the Perry family.
“This is about accountability,” he said of the lawsuit.
Edward D. Murphy can be contacted at 791-6465 or at:
emurphy@pressherald.com
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