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Pedestrian’s family files suit against driver found not to be at fault in fatal accident

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MALONE - One Malone resident is suing another for the untimely death of her brother, who died after being struck by a car last August on state Route 30.

Laura Rabideau has filed a suit against Gary J. Landry charging he was responsible for the death of her brother, Timmy Raymond. She alleges through the document that Landry was a negligent driver and is asking for compensation that “exceeds the jurisdictional limits of all other courts” and includes medical and burial expenses.

Mr. Raymond, 40 at the time of his death, was walking in the northbound lane on state Route 30 at about 11 p.m. Aug. 25, 2012 when he was struck by Mr. Landry’s Ford Focus approximately 60 feet north of the route’s intersection with Paradise Road in Malone.

“I did nothing wrong. If I could have missed him, I would have missed him,” Mr. Landry, who hadn’t heard about the suit yet when contacted, said Monday. “I thought everything was settled.”

No criminal charges were ever filed against Mr. Landry for the accident because “basically the pedestrian was at fault,” according to Kurt Taylor, the New York State Police senior investigator on the case.

Investigator Taylor said Raymond was intoxicated and walking in the middle of the driving lane on the highway, right around a bend in the road, at night. The police report states that Mr. Landry also made an attempt to avoid hitting Mr. Raymond.

District Attorney Derek Champagne said the accident was due to “pedestrian error” around the time of the incident.

Mr. Landry said, “I wish it wouldn’t have happened but he was in the middle of the road drunk.”

The complaint filed against Mr. Landry accuses him of “inattentive” and “erratic” driving and failing to take any evasive action to avoid striking Mr. Raymond.

Mr. Raymond suffered multiple traumas, abrasions and fractures from the accident as well as acute internal injuries to the brain, lungs, spleen, liver and skeleton. He died at the scene as a result of those injuries.

Ms. Rabideau is represented by Malone-based attorney Joe Nichols of Poissant, Nichols, Grue & Vanier, P.C. He did not respond to a request for comment.

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