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ALFRED — The daughter of the Saco woman who was struck by a vehicle and killed in a Main Street crosswalk last year has filed a civil suit against the man charged with manslaughter in her death.

Walter Fleury, 67, of Old Orchard Beach, was indicted on a manslaughter charge in October ”“ to which he pleaded not guilty ”“ in connection with the July 11 death of Constance Orendorf, 74, who was crossing Main Street to attend services at Trinity Episcopal Church when she was struck at about 9:30 a.m. She died in the hospital later that day.

Fleury was originally reportedly charged with operating under the influence of drugs. The criminal case has not come to trial and a case conference scheduled for last week was postponed. No new date has been set.

Cara St. Louis-Farrelly, Orendorf’s daughter, filed the wrongful death civil complaint against Fleury and his insurance company, Liberty Mutual Group, Inc., March 29 at York County Superior Court in Alfred.

The civil complaint charges that Fleury caused Orendorf’s wrongful death by “his wrongful act, neglect and or default.” As a result, the suit continues, St. Louis-Farrelly has suffered the loss of her mother’s comfort, society and companionship as well as severe emotional distress and has incurred reasonable funeral expenses.

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The complaint asked for a judgment against Liberty Mutual Insurance Company, which insured Fleury.

According to the civil complaint, St. Louis-Farrelly made a claim against the policy for personal injury and for wrongful death. The insurance company, court documents say, settled the first claim but denied the second, saying that the two claims benefit a single individual under the policy.

“Maine law is clear that survivor actions and wrongful death actions are designed to benefit two distinct sets of parties,” wrote St. Louis-Farrelly’s attorney, Thomas L. Douglas of Portland. “Wrongful death claims are brought on behalf of the beneficiaries of the decedent’s estate for damages suffered as a result of the wrongful death, while survivorship actions are brought on behalf of the decedent herself to compensate her for the injuries she sustained prior to her death.”

A hearing has not yet been scheduled.

A music teacher, primarily in New Mexico, Oklahoma and on Guam, Orendorf later worked for the Office of Naval Research in London as a technical writer and for the U.S. Navy in Virginia and retired to Hawaii. She moved to Saco in 2009 to be closer to her family, according to an obituary published in the Journal Tribune.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.



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