PARIS — A court has found that the parents of a Harrison teenager who overdosed on heroin in September are likely to prevail in a lawsuit against a Norway woman whom they claim drove past one hospital on the way to another as their daughter lay dying in the back seat.
Oxford County Superior Court Active-retired Justice Robert Clifford has granted a motion for attachment and trustee process, enabling the estate of Cassidy Lynn Patten to seek at least $500,000 in damages against Deanna Marshall, the driver of the car who did not stop at the nearest hospital for help.
The estate is represented by Sarah and Charles Patten, Cassidy’s parents.
In the ruling, Clifford found “it is more likely than not” that the parents will prevail in their lawsuit and will be able to recover judgment against Marshall.
Cassidy Patten, 18, died on Sept. 12, 2015, from acute heroin intoxication, according to the Medical Examiner’s Office.
Marshall was served with notice of the suit on March 30, but has failed to respond to the complaint and has not attended any of the hearings. Clifford entered judgment against her in default, after the statutory period to respond expired.
According to a lawsuit, last September Cassidy Patten was partying at a Walker Avenue apartment in Norway when she was given heroin by Stephen and Kendra Talbot, then Kendra Morrison.
Talbot told Marshall, who is her mother and who was home at the time, that Patten was in distress and they helped her into a car.
Marshall, the complaint continues, drove to Central Maine Medical Center in Lewiston, a 40-minute drive, rather than directly to Stephens Memorial Hospital in Norway, which was a four-minute drive from the apartment.
Patten was left outside the Lewiston hospital as Marshall drove away. Patten died a short time later.
According to Edward Dilworth III, the parents’ attorney, no one at the party called 911 to get help for Patten.
The suit contends that Marshall’s decision not to stop at Stephens Memorial Hospital amounted to negligence, costing Patten her life.
Marshall herself told investigators “that girl would be alive” had they acted quicker to get help, according to the complaint.
Cassidy was remembered by classmates at the Oxford Hills Comprehensive High School as an aspiring tattoo artist who was shy but sassy. In the weeks following her death, Maine Drug Enforcement agents launched a criminal investigation into the incident, but her death was later ruled accidental by the medical examiner.
On Tuesday, police arrested 18-year-old Jacolby Morrison of Norway and three other individuals who they say were found with 800 doses of heroin inside a Paris apartment. Morrison, Kendra Talbot’s son, was at the party the night Patten overdosed.
Police said Patten’s death helped spark the investigation that led to Morrison’s arrest.
In addition to Morrison, Laurie Jones, 52, and Jared Jones, 22, both of Norway, were charged with felony possession of heroin and Jonathan Keefe, 27, of Wakefield, Mass., was charged with felony trafficking in heroin.
If convicted, Morrison and Keefe each face up to 30 years in prison and $50,000 in fines. Laurie Jones and Jared Jones face up to five years in prison, and $5,000 each in files.
Last year, 272 people died in Maine as the result of overdosing — a 31 percent jump over 2014, which itself set a record at 208.
On Tuesday, Dilworth said he expects a hearing will be scheduled later this summer to hand down a final ruling in the case and determine any damages to be paid to the Pattens by Marshall.
“I think they’re happy what the court’s finding,” Dilworth said of the Pattens.
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