Wrongful Death Lawsuit Filed Against Driver In Fatal Greenwich Crash

GREENWICH, CT — The family of Donna Berry, the woman who was hit and killed by a car while walking her dog in Glenville in March, has filed a wrongful death lawsuit against the driver, according to documents on file with Stamford Superior Court.

Berry, 63, was walking her dog off the roadway in a grassy area near the intersection of Weaver Street and Hawthorne Street North on March 9 around 3 p.m., when a 2016 Lexus ES350 traveling north on Weaver Street crossed the double yellow line, mounted the curb and hit her, according to a police summary at the time.

Berry was taken to the hospital where she died from her injuries three days later. The dog she was walking was uninjured.

"After a thorough investigation and consultation with Stamford Court it was determined that no criminal charges would be filed against the vehicle's operator. The report's status is closed," said Lt. Patrick Smyth in an emailed statement to Patch Wednesday.

A request for comment to the law firm representing the driver, Margaret Remesic, of Greenwich, was not immediately answered.

The lawsuit, which was filed on Oct. 11, claims Remesic "negligently caused the motor vehicle she was driving to cross the center line, enter the southern lane of travel, exit the roadway, and collide with and cross over the northwest curb line at the intersection of Weaver Street and Hawthorne Street North, colliding with Donna Berry suddenly and without warning."

Additionally, the lawsuit claims Remesic "operated the motor vehicle at a rate of speed greater than is reasonable," and was "negligently inattentive."

It's unclear how much compensation the Berry family is seeking.

"We obviously can’t reverse what happened, but we are committed to helping Ms. Berry’s family seek full accountability and closure through this process," said Silver Golub & Teitell partner Paul Slager, who is representing the Berry family with Nicole Coates.