By Joseph Spector
THE NEWS-TIMES

NEW MILFORD - A young woman injured in a fatal car crash that led to the conviction of a town police officer Wednesday has settled a lawsuit against the town for $250,000, her lawyer confirmed yesterday.

Caroline Lavoie, 18, suffered multiple injuries and trauma after the June 16, 1998, accident at the northern intersection of Sunny Valley Road and Route 7, the lawsuit claimed.  Officer William Scribner was convicted of negligent homicide in the accident.

Lavoie, a passenger in a car driven by Angela D'Aquila, who died in the accident, is pleased with the settlement, said her attorney, Harvey Kulawitz.

"It was an excellent settlement on my client's behalf," the Ridgefield attorney said. "It was reflective of the officer's culpability and the department's responsibility.  It was also reflective of what my client had to go through in this terrible crash."

The settlement was reached with the town's insurance company in February.  Because lawsuit settlements don't have to be disclosed, court documents indicate only that the suit was withdrawn.

Kulawitz said he wanted to wait until the criminal case was concluded before he commented on the civil suit.

D'Aquila's estate was waiting until Scribner's trial was over before pressing its lawsuit against the town, said Agostinho Ribeiro, lawyer for the estate.  A civil trial is not expected for at least a year.

Despite the conviction, however, Kulawitz questioned whether Lavoie would have received more money if she waited until the criminal trial's outcome.

"In our case, I don't think it would have made a difference," he said, stating Lavoie had nothing to do with the cause of the accident.

But D'Aquila's role in causing the accident could be an important issue if the estate's lawsuit goes to trial, lawyers said.

In the criminal case, Scribner's conviction was based on his negligence.  Yet, in the civil case, liability would fall on both Scribner and D'Aquila.

If a jury concluded the 17-year-old D'Aquila was more at fault than Scribner, for example, her estate could get no money, lawyers said.

But the criminal conviction clearly shows Scribner was the guilty party, Ribeiro said.

"A jury, having heard evidence and testimony from both sides, determined beyond a reasonable doubt that Officer Scribner's actions were a substantial factor in causing the death of Angela D'Aquila," he said.  "In the civil case, the standard used to determine culpability is the preponderance of the evidence, which is a lesser standard."

Still, evidence used in a civil trial could help the town's case, said Thomas Beecher, the town's attorney.