Copyright 2007 The Patriot Ledger
Transmitted Tuesday, January 30, 2007

Josephine Larkin - killed in accident

By SYDNEY SCHWARTZ
The Patriot Ledger

MARSHFIELD - The husband of the 80-year-old woman struck and killed by a town department of public works vehicle last summer has filed a wrongful death claim of more than $100,000 with the town’s insurance company.

Christopher Larkin has not yet filed a formal lawsuit against the town, town officials said.

Josephine Larkin, 80, was killed July 20 as she was crossing Route 139 near 500 Ocean St., a few blocks from her home. She was hit by James S. Kent, a town employee who was driving a town pickup truck. Kent has not been charged.

The claim, sent Nov. 13 from Quincy attorney Robert W. Norton, says the vehicle that struck Larkin was ‘‘negligently operated’’ because Kent was driving in excess of the speed limit and failed to yield to a pedestrian.

State Police investigators cleared Kent of blame in the accident.

The police report said Kent was driving 38 mph in a 30-mph zone, but that he could not have stopped in time even if he had been observing the speed limit. Kent told police he did not see Larkin until the last second.

The attorney’s letter states that Larkin’s funeral and burial expenses totaled $18,706 and that Larkin’s husband and children suffered ‘‘the loss of consortium, care, comfort, society and companionship of his wife ... (and) companionship and guidance of their mother.’’

This, he estimates, is worth more than $100,000.

Town Administrator John Clifford said the town forwarded the letter to its insurance company.

Larkin’s attorney must wait six months after sending the letter before filing any lawsuit to give the town time to discuss it, according to Town Counsel Robert L. Marzelli.

Marzelli said he had not seen the letter and that it would be handled by an insurance attorney.

Larkin’s daughter, Susan Carver of Marshfield, said last night she’s not sure if her father will file a lawsuit.

‘‘That’s my father's decision to make ... he’s distraught. He’s lost his partner of 48 years and it’s lonely.’’