Copyright 2007 The Patriot Ledger
Transmitted Thursday, January 25, 2007

By SYDNEY SCHWARTZ
The Patriot Ledger

MARSHFIELD - A State Police report concludes that a public works employee who struck and killed an 80-year-old woman while driving a town truck was not at fault in the accident, even though he was speeding.

Investigators said the victim, Josephine Larkin, stepped off a curb on Route 139 ‘‘without regard to approaching cars.’’ The intersection does not have a crosswalk.

The driver, James Kent, told police he did not see Larkin until the last second. He did not brake.

The police report said Kent was driving 38 mph in a 30-mph zone, but could not have stopped in time even if he had been observing the speed limit.

‘‘(He) did not have enough time to perceive and react to this hazard before contact was made,’’ State Trooper Michael A. George wrote in his report on the incident.

Kent was not charged.

One of Larkin’s daughters, Ann Marie Ford of Dorchester, said she does not understand how Kent did not see her.

‘‘It was a beautiful day out. The sun was shining. This man should’ve seen my mother when he was as far back as St. Ann’s Church,’’ Ford said.

‘‘He was speeding, so he was at fault right away,’’ she said. ‘‘Had he been paying attention, he would’ve seen her all along.’’

A witness whose name was withheld by police told investigators, ‘‘I don’t know how he didn’t see her.’’

The Patriot Ledger received a copy of the accident report, which was filed in September, after filing a public information request. The names of Larkin, Kent and witnesses were blacked out, along with their ages and other descriptions that might help identify them.

Larkin was crossing the street in front of the Ocean Bluff Post Office at about 11:20 a.m. July 20 when she was struck. She died at the scene.

The weather was overcast, but dry.

Kent was driving a half-ton pickup truck with a black box that recorded its speed and other data. Police said he took his foot off the accelerator one second before hitting Larkin.

But police said Kent didn’t have time to stop even if he had seen Larkin leave the curb or if he had been driving the speed limit.

Kent was only 91 feet from Larkin when she stepped into the street.

Larkin and her husband, Christopher, moved to their summer home on Sekonnet Avenue about 15 years ago.

Their other daughter, Susan Carver of Marshfield, said she crossed at the Ocean Bluff intersection every day to leave a pink rose on the statue of Mary in the garden of St. Ann by the Sea Church on Ocean Avenue.

‘‘She used to walk along the beach and on the way back, cross right there and then go into the post office,’’ Carver said. ‘‘I think that’s what she was doing that day.’’

Reached yesterday, Kent declined comment, except to say, ‘‘It brings up too many memories.’’

Marshfield police Capt. Al Knight said the investigation is closed.

‘‘We have no reason to believe there was any fault,’’ Knight said. ‘‘The reconstruction team did what they had to do. They never got back to us on any findings of fault. The way it would stand at this point is there’s no inappropriate operation on his part at all. It’s just an unfortunate accident.’’

Larkin’s daughters are not satisfied.

‘‘It was very hard for all of us. We still don’t have any answers,’’ Carver said.