ANDOVER — A North Street resident has filed a lawsuit against the town of Andover seeking damages for injuries and suffering caused when he was struck by a police cruiser while shoveling snow in his driveway last December.
Christopher "Gerry" Lohan's left leg was fractured in three places when he was hit by the cruiser driven by Officer Daniel Devine the afternoon of Dec. 16.
Lohan, 39, continues to take pain medication and has difficulty walking long distances and up and down stairs, his lawyer Shawn O'Rourke said, and he still has a titanium rod and screws in his leg.
Lohan and his family filed the lawsuit in Essex Superior Court seeking $400,000 in damages.
"He's concerned about long-term problems, especially in his knee," O'Rourke said yesterday, adding that the medical bills have run up to $120,000.
Under state law, O'Rourke said the maximum amount of money granted from a municipality is $100,000 per claim.
The Lohans have filed four claims, one for Lohan's injuries and three for "the loss of the care, comfort, services, and consortium" of his wife, Karen, and his two young sons, Aidan, 4, and Gavin, 2.
"It's a lot of work with two little kids," said O'Rourke. "It's made it very difficult for the whole family."
O'Rourke said he will seek a trial by jury before the court-assigned time frame of three years for such cases passes.
"We believe we can be ready in a reasonably short time," O'Rourke said.
According to O'Rourke, Devine was driving his cruiser at a negligent speed, swerved across the road, crashed into a snowbank and struck Lohan.
"Mr. Lohan was thrown onto the hood of the cruiser, struck the windshield, and thrown 10-15 feet backwards. The police cruiser then proceeded through the snow on Mr. Lohan's property for approximately another 25 feet before stopping," O'Rourke wrote in a notice sent to the town Jan. 23.
"We just believe he was driving too fast for the conditions," said O'Rourke, referring to Devine.
O'Rourke said Lohan, who at the time worked for a Danvers biotechnology company, was in the driveway with his brother-in-law Keith O'Donnell.
A call to Andover police Chief Brian Pattullo yesterday seeking comment about the lawsuit was not returned.
"The chief would not comment on any pending litigation," said Andover police Lt. James Hashem. "I wouldn't make any comments on the entire incident once it becomes the subject of a lawsuit."
Andover police have confirmed that Devine lost control of his vehicle, but claimed the accident was caused by weather conditions and not speeding.
Lohan is now employed by a Cambridge biotech company and returned to work in late April.
Lohan declined to comment about the accident and lawsuit, but said he and his wife remain concerned about vehicles speeding on North Street. He said he believes motorists use the street as a shortcut to and from nearby River Road.
"Now there's more families with children on the street," said Lohan. "My child's going to preschool every day on the bus and the neighbors' kids go to school, too."
The speed limit in front of the Lohans' 90 North St. home is 40 mph.
Lohan said he'd like the speed limit to be reduced to 30 mph, as it is on nearby stretches of North Street.
Posted speed limits on North Street vary, Hashem confirmed.
Hashem said speed surveys and traffic enforcement activity has been conducted on North Street at the request of residents.
"We don't see a lot of cars exceeding the speed limit," said Hashem. "The town has done what it can to try to accommodate the residents."
Hashem said the traffic issues on North Street revolve around the volume of vehicles rather than the speed they travel.
"It does cause concern for residents," said Hashem. "It is a very busy road."
