Husband of drowned kayaker sues construction firm over dam grate

By Vince Mancini

Published on October 12, 2005

56-year-old Stephen Packard of Newport is suing Cianbro Corp. of Pittsfield for wrongful death in Penobscot County Superior Court. The suit alleges that his wife died as a result of negligent design, construction, and installation of the screen.

Joyce Ann Packard died in September 2003, when she was pinned against the grate of a dam after falling out of her kayak.

Her husband, an attorney representing himself, is seeking compensation for medical fees related to the rescue attempt, funeral services, lost wages, and pain and suffering he suffered in his unsuccessful rescue attempt.

Joyce Packard and another woman in a separate kayak were pushed against the dam at the North Street bridge by the current. The current in the area was fast because the dam was open for the annual drawdown, according to a Newport Police spokesman.

Packard heard the women's cries for help and attempted to rescue his wife, but was also pinned against the grate and had to be rescued. The other kayaker was able to get out of the water safely.

The grate was installed in 2003 to prevent trash and debris from getting through the gates. Newport Town Manager James Ricker said that no-trespassing signs were posted on the dam, but no signs warned boaters of the open dam.

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