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Merrimack Valley

January 27, 2009

Conflicting statements in Godsmack singer's crash

METHUEN — Conflicting statements have been made in the chain-reaction car wreck that has led to a lawsuit against rock star Sully Erna of the band Godsmack.

Lindsay Taylor, 26, and her parents, Elaine and Jeffrey, all of Chelmsford, are suing Erna for the April 11, 2007 three-car crash on the ramp from Interstate 93 south to Route 213 east.

Taylor rode in the back seat of a Toyota Camry driven by Eric Sargent of Haverhill. She suffered a severe traumatic brain injury and was in a coma after the crash, according to the lawsuit and her lawyer.

The front-seat passenger in the Camry, Cliff Sargent, told Trooper Daniel Doiron that the Camry rear ended a woman in front of them before being hit by Erna's Hummer, according to Doiron's report.

"He denies he ever said that to the police," said Kathleen DiFruscia, an attorney representing Eric Sargent. "Needless to say, Cliff Sargent was extremely distraught at the scene. It's very hard to tell when you have such a significant impact. You may feel that impact from the vehicle in the front before you register an impact from the vehicle behind."

Eric Sargent "emphatically denies that he struck the vehicle in front of him," she added.

But Erna's lawyer, Michael Gallagher, contends that Erna did not cause the accident. Erna has filed a third-party complaint against Sargent, saying Sargent "is, or may be" liable for "all or part of" the claims against the rocker, arguing that Sargent first rear ended a Honda Odyssey driven by Maureen White of Londonderry, N.H.

Erna told police that his brakes didn't work. There were no skid marks on the ramp. The trooper cited Erna for speeding and cited Sargent for failure to use care stopping, the report said.

Failure to use care stopping is a citation that cannot be appealed and carries no penalty, DiFruscia said.

Eric Sargent was unconscious at the crash scene and had to be extricated from his car. State police never interviewed him about the crash, DiFruscia said.

Erna, a 40-year-old Lawrence native who now lives in Windham, N.H., drove a 2006 Hummer H3 owned by Godsmack Touring Inc., which is also named as a defendant.

Erna was not hurt in the crash.

"A jury will determine fault here," DiFruscia said.

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