Widow of barman killed in road accident is suing driver
The widow of a popular barman who died in a road crash is suing the other driver for compensation.
Larry Thomas died aged 34 in April 2009 when his motorcycle came into collision with a van driven by Roger Bowen.
Mr Bowen, now 28, was accused of causing death by drunk and dangerous driving but acquitted on a legal technicality.
His trial heard allegations that his van, which belonged to the air conditioning firm he worked for, veered into the wrong lane and hit Mr Thomas.
Mr Bowen, from Sandys, denied causing death by driving with excess alcohol as well as driving with excess alcohol.
The Supreme Court heard that he gave a breath test after the collision recording 126 milligrams of alcohol in 100 millilitres of blood; around one-and-a-half times the drink-drive limit.
Trial judge Charles-Etta Simmons ordered the jury to clear Mr Bowen of the charges because the police officer who breathalysed him did not have the right documentation.
Prosecutors rejected a police request that the court ruling be appealed. Now, the victim’s widow Shirnall Thomas, 34, is suing Mr Bowen and his employer, Bermuda Air Conditioning.
Her lawyer, Dennis Dwyer, said: “This is a civil action emanating from the unfortunate death of our client’s husband and is brought on behalf of her and her family under The Fatal Accidents Act 1949 and The Law Reform (Miscellaneous Provisions (No 2) Act 1977. We submit that the driver Roger Bowen was responsible for the accident and his employers are vicariously liable.”
He declined to give further details.
A number of fundraising events have been held since Mr Thomas’ death to raise money for the education of his son and daughter.
Mrs Thomas, from Southampton, did not respond to messages inviting her to comment yesterday. A colleague who answered the phone at the post office where she works said Mrs Thomas did not wish to discuss the case.
Mr Bowen and Bermuda Air Conditioning are represented by lawyer Justin Williams. No hearing date has yet been set for the case.