Berman & Simmons represents widower in fatal Monmouth car crash

Berman & Simmons attorney Benjamin Gideon has filed a lawsuit against two drivers involved in a March 2014 motor vehicle collision that killed a 67-year-old woman in Kennebec County. One of the drivers, 24-year-old Alyssa Marcellino of Winthrop, is serving a prison sentence for her role in the fatal crash.

Gideon represents widower John Fortier of Mount Vernon, acting on behalf of the estate of his late wife, Joan Fortier. The lawsuit seeks compensation, including medical and funeral expenses, from multiple insurance companies. Gideon alleges that both Marcellino and Gene Potter of Mount Vernon are liable for Joan Fortier’s death.

The Kennebec Journal newspaper, which has been reporting on the story since the crash happened two years ago, published a story about the lawsuit, in its March 23 edition.

“The hope is that through the various claims, we’ll be able to be able to recover something for our client,” attorney Gideon told KJ reporter Betty Adams. “We filed a case to try to move the process forward and try to expedite the sorting of it out.”

Potter was the driver and Joan Fortier was the passenger in a Hyundai Elantra that was headed west on Route 202 in Monmouth around 7:30 a.m. on March 6, 2014. Marcellino, driving east on 202, drifted across the center line. According to police, Potter saw the oncoming vehicle and swerved into the eastbound lane. At the same time, Marcellino corrected, and the two cars collided head-on.

Marcellino was criminally prosecuted and eventually pleaded guilty to causing a death while driving without an active license, and other charges. She was sentenced to two and a half years in prison, plus five years of probation.