Massachusetts family settles claims for wharf death in Port Clyde

On Monday, June 6, 2016, the Bangor Daily News published an article in which it reported that the family of a Massachusetts boy who was killed when he was struck by a runaway vehicle on a wharf in Port Clyde, Maine, has settled claims related to their son’s death. 

On August 11, 2013, nine-year-old Dylan Gold was visiting Port Clyde with his parents and younger brother, waiting on the Monhegan-Thomaston Boat Line wharf for a ferry bound for Monhegan when a Cheryl Torgerson—a New York resident— lost control of her vehicle, sped down the wharf, and crashed into the Gold family. As a result of the collision, young Dylan suffered fatal injuries and his mother was hospitalized for four weeks with multiple pelvic fractures, a perforated bladder, and internal bleeding. Gold’s younger brother sustained minor injuries, and Gold’s father was unharmed.

Following the crash, Torgerson—who was not found to be suffering from any medical condition or to have any alcohol in her system at the time of the collision—informed State Police that her vehicle “suddenly accelerated as if the pedal were stuck to the floor.” State Police found no mechanical defects with Torgerson’s vehicle, though did receive multiple reports of a car matching the description of Torgerson’s vehicle speeding on several occasions in the hours leading up to the crash.

The family filed suit in August 2015 against Torgerson alleging negligent operation of her motor vehicle, and also filed suit against the Monhegan-Thomaston Boat Line and the owners of the property upon which the fatal crash occurred alleging negligence for “failing to erect barriers and gates and failing to safely channel the mix of vehicle, pedestrian, and bicycle traffic on the wharf.” 

Recently, the family—represented by Kevin Libby, Esq.—has settled their claims with all three parties, though the terms of the settlement have not been released. Torgerson is represented by Robert Hatch, Esq., and the ferry line and property owners are represented by Thomas Marjerison, Esq. 

Torgerson was not criminally charged as a result of the crash. The Knox County District Attorney’s Office stated that there was “insufficient evidence to show that Torgerson acted in a criminally negligent manner.”

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