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Boater Looking to Settle with Victims' Families

December 10, 2008 - LAKES REGION -- Robert LaPointe, found guilty last month in a criminal case stemming from a 2007 boat collision on Long Lake, is likely to soon settle a civil suit with the families of the two victims in the crash, lawyers representing both sides said this week.

LaPointe was convicted of two counts of aggravating operating a watercraft under the influence and was sentenced to five years in prison with 1½ year suspended for the crash that killed Terry Raye Trott and Suzanne Groetzinger.

Boston-based lawyer Seth Holbrook, who represents LaPointe, said he hoped to come to a resolution acceptable to all sides and avoid a civil trial.

“It brings closure to any case,” Holbrook said. “It’s better in the long run for anyone.”

Since LaPointe was convicted of aggravated drunken driving, it is clear that he was responsible for the crash, said Benjamin Gideon, attorney for Suzanne Groetzinger’s children, Blaine and Alyssa Groetzinger. Portland-based lawyer C. Alan Beagle represents Trott’s family.

“Nobody disputes that his negligence caused the death of two people,” Gideon said. “It’s really just a question of coming to a number in terms of compensation.”

The maximum amount that can be collected for wrongful death is $500,000 for each victim. The families could add $100,000 in punitive and miscellaneous expenses and an unlimited amount of damages due to the financial loss experienced by minor children of the two victims. Each of the families could ask for $500,000-700,000, Gideon said. His clients may accept less.

“We’ve asked for disclosure of every asset that Mr. LaPointe owns and has a claim to,” Gideon said. “The ideal outcome is they put all the cards on the table.”

Holbrook declined to discuss LaPointe’s assets Nov. 26, but he said he was planning to provide that information to the attorneys representing the victims’ families.

Trott and Groetzinger died when LaPointe sliced his boat through theirs soon after dark on Aug. 11, 2007. LaPointe and his passenger, Nicole Randall, were thrown from the boat and were not seriously injured.

After an eight-day trial at Cumberland County Superior Court in September, a jury deadlocked on two charges of manslaughter and one charge of reckless conduct with a dangerous weapon.

Families of the victims also filed civil suits against Casino Properties, Inc., owner of Rick’s Café in Naples. The suits, which claimed that employees at the café negligently served alcohol to LaPointe on the day of the collision, were dropped Oct. 30 due to lack of evidence.

On Sept. 23 a judge ruled that LaPointe, his wife Heather LaPointe and his father George LaPointe Jr. were not allowed to sell or take out a loan on several Bridgton properties.

The attachment order came after plaintiffs claimed that Robert and Heather LaPointe bought, sold and took out a mortgage on properties after learning of the plaintiffs’ intent to sue. The LaPointes sold a 100-acre property on Whitney Road to George LaPointe Jr. They also bought a 5-acre property on Wild Haven Road in Bridgton and took out a $100,000 mortgage on another property on Buswell Road.

In an affidavit, Heather LaPointe claimed that the loan and sale were necessary to raise money for her husband’s $100,000 bail and $275,000 retainer for attorney J. Albert Johnson.

The insurance policy on LaPointe’s boat had a $300,000 liability limit, which Holbrook said is a standard amount. Holbrook said liability insurance is not required for boats and Trott did not have insurance on his boat.

Gideon said his clients may choose to accept the insurance settlement and a voluntary contribution of a reasonable amount from the LaPointe family.

“It’s part of a negotiation back and forth,” Gideon said. “The objective right now is to try to take what is a bad situation and make the best of it.”

By Julia Davis
Reporter - Lakes Region Weekly
12/4/08


Lakes: Long Lake
Regions: Sebago


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