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Widow of Evans Mills man files suit in fatal car-pedestrian accident

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The widow of an Evans Mills man struck and killed by a vehicle while walking on County Route 46 in 2011 has filed suit against the vehicle’s driver.

Marjorie E. Bernard, administrator of the estate of Barry A. Bernard, filed state Supreme Court action Wednesday at the Jefferson County clerk’s office against Diane P. Spear, Theresa.

Mr. Bernard, 44, was killed March 5, 2011, when he was struck about 9 p.m. by Mrs. Spear’s 2005 Chevrolet in front of his house. Sheriff’s deputies said at the time that the Bernards had argued inside their vehicle and Mr. Bernard exited it, went around the back of the vehicle and walked into the road, where he was struck by Mrs. Spear’s vehicle. Police said weather limited the motorist’s visibility.

It is alleged in the suit that Mrs. Spear was negligent by, among other things, failing to operate her vehicle at a prudent speed, failing to keep proper lookout on the road ahead and failing to apply her brakes.

The suit does not specify an amount sought in damages. Mrs. Bernard is represented by Syracuse attorney Joseph P. Stanley.

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