Woman Suing HSA Over Truck Accident

A Cambridge woman is suing Harvard Student Agencies (HSA) for an undisclosed amount more than $25,000 in damages for injuries resulting from an accident two years ago with a truck driven by an HSA employee.

The suit, filed in Middlesex County Superior Court on January 28 by Catherine McKay, also names former HSA member Scot H. Landry '92 and Ryder Truck Rental as defendants in the case.

McKay "was sitting in her vehicle, parked at a curb, when her vehicle was struck in the rear" by Landry on July 26, 1991, who was operating a truck leased from Ryder Truck Rental, according to the court documents.

HSA President Martin E. Escobari '94 said yesterday the student corporation's insurance company was handling the matter.

"We are confident that a fair outcome will arise," he said. "We consider this to be an insurance settlement case."

Escobari said he had viewed an operator's report of motor vehicle damages which reported the truck's speed as under five miles per hour at the time of the crash.

"[Landry] was turning off Mass. Ave. down Dunster St. and in trying to move between an illegally parked truck and the plaintiff's car, he hit the plaintiff's vehicle," Escobari said.

The report also said damage to McKay's car was limited to the right rear tail-light and was estimated at under $50, Escobari said.

Landry, reached yesterday in Cincinnati, would not comment on the case. But he said the accident occurred during the "routine delivery of refrigerators." HSA leased trucks from Ryder to deliver the refrigerators, Landry said.

Stephen Lipman, the attorney representing McKay, said yesterday he tried to settle the case out of court but was now going ahead with litigation.

Landry said he continues to hope the case could be settled out of court.

Lipman, who filed the civil action motion, wrote that "the plaintiff will, in all likelihood, recover in excess of $25,000." Lipman said yesterday it would be up to a jury to decide how much of that amount each defendant would pay.

According to the court documents, the injury caused misaligned vertebrae or strain in McKay's neck and back. The suit states that she "required extensive treatment" and the injury "caused her great pain and suffering."

Escobari said HSA, which is a $3.5 million student-run corporation, "has proper insurance" to cover the suit, but "it is still hard to tell at this juncture how this will impact on HSA."

Benjamin Bullock, who works in Ryder's legal division, said yesterday it is Ryder's policy not to comment on pending litigation, but confirmed that his company has a record of the case.

McKay could not be reached for comment yesterday.

Massachusetts state law allows juries to set damage amounts in civil suits. Plaintiffs are required only to state whether they believe they deserve more or less than $25,000

Stephen Lipman, the attorney representing McKay, said yesterday he tried to settle the case out of court but was now going ahead with litigation.

Landry said he continues to hope the case could be settled out of court.

Lipman, who filed the civil action motion, wrote that "the plaintiff will, in all likelihood, recover in excess of $25,000." Lipman said yesterday it would be up to a jury to decide how much of that amount each defendant would pay.

According to the court documents, the injury caused misaligned vertebrae or strain in McKay's neck and back. The suit states that she "required extensive treatment" and the injury "caused her great pain and suffering."

Escobari said HSA, which is a $3.5 million student-run corporation, "has proper insurance" to cover the suit, but "it is still hard to tell at this juncture how this will impact on HSA."

Benjamin Bullock, who works in Ryder's legal division, said yesterday it is Ryder's policy not to comment on pending litigation, but confirmed that his company has a record of the case.

McKay could not be reached for comment yesterday.

Massachusetts state law allows juries to set damage amounts in civil suits. Plaintiffs are required only to state whether they believe they deserve more or less than $25,000