Family of motorcyclist killed in 2023 crash files wrongful death lawsuit

Mar. 11—The family of a Rochester man who lost his life in a motorcycle accident last year has filed a lawsuit against the city, the driver of the car involved in the crash and a company attorneys claim was hired to repair local traffic signals around the time of the accident.

The wrongful death lawsuit was filed March 5 in Strafford County Superior Court.

Michael D. Collins Sr., 55, died Aug. 19, 2023, around 7:41 p.m., when the motorcycle he was riding — listed as a 2010 Harley Davidson Electra Glide by police — was hit by a 2016 Toyota Corolla driven by Kimberlee Lynn Raymond of Rochester at the intersection of South Main Street and Portland Street.

The civil lawsuit names the driver, Raymond; the city of Rochester; and Electric Light Company, Inc. doing business as Electric Signal Repair.

The Estate of Michael D. Collins, Sr., administered by Michael Collins, Jr., seeks recovery and accountability for the purported wrongful death.

According to the complaint, as Collins approached a four-way intersection from South Main Street, he encountered a "malfunctioning traffic light" allegedly displaying a flashing yellow signal as the driver, Raymond, approached the intersection from Portland Street, which had a red flashing signal.

The lawsuit alleges Raymond failed to yield the right of way to Collins, striking his motorcycle and causing him to fall to the ground and become pinned beneath Raymond's vehicle.

The lawsuit also claims the traffic light in question was operating in "safety mode," where a light that normally produces solid red, yellow and green traffic signals has a system failure and instead yields blinking colors.

According to the lawsuit, police warned as early as 10 a.m. the day of the accident, more than nine hours before the incident, of the malfunctioning traffic light.

Dispatchers informed officers the city's Department of Public Works would be notified, the lawsuit claims, and alleges Electric Light Company is responsible for the regular inspection and maintenance of the traffic light.

"The city of Rochester and the Electric Light Company failed to respond adequately to a malfunctioning traffic light at an intersection already known to be dangerous, and it ended up costing Mr. Collins his life," said lead attorney Christopher J. Gavrielidis of Altman Nussbaum Shunnarah. "Mr. Collins operated his motorcycle prudently, but Ms. Raymond was entirely reckless in operating her own vehicle. The family of Mr. Collins wants and needs answers on how this could have happened. There is a shared accountability by multiple parties here, and we intend to ensure justice is delivered to bring Mr. Collins' family and friends some semblance of closure."

Rochester City Attorney Terence O'Rourke did not respond to a request for comment Thursday.

Electric Light Company could not be reached for comment.

According to his obituary published by Edgerly Funeral Home, Collins Sr. was a member of the Masonic Brotherhood and Local Union 589, working as an aviator technician.

He attended Portsmouth High School as a member of the Class of 1987, and enjoyed hunting, fishing and the outdoors. He was a father and grandfather.