Settlement reached in boy's death

CANTON — The family of a 12-year-old boy killed in an accident in which a driver allegedly was drunk has reached a $100,000 settlement in a wrongful-death lawsuit.

The lawsuit was brought by Robert and Susan Caldwell, Chase Mills, on behalf of Matthew N. Caldwell, seeking unspecified damages against George E. Olmstead and Patricia A. Burleigh.

State Supreme Court Judge David R. Demarest approved the settlement, which calls for the Caldwells to receive $74,196.15. The remainder will cover attorney fees.

Mr. Olmstead allegedly was driving a pickup truck about 5:10 p.m. March 9 on Chase Mills Road in the town of Madrid. Matthew was driving a snowmobile when he was hit by Mr. Olmstead, who didn't swerve to avoid the accident, the lawsuit alleged.

The lawsuit alleged that Mr. Olmstead, who drove away from the accident scene, was intoxicated at the time. Matthew later died of his injuries. Ms. Burleigh owns the pickup truck driven by Mr. Olmstead, who has a history of drunken-driving arrests. The accident took place in front of the Caldwell home.

Mr. Olmstead was charged March 10 with leaving the scene of a fatal motor vehicle accident, a felony, after the pickup truck was spotted at his home on County Route 14 in the town of Louisville.

While free on bail, he was charged March 28 with felony driving while intoxicated after being stopped on County Route 14 in the town of Louisville. He registered a 0.08 percent blood alcohol content, the threshold for intoxication under state law.

A St. Lawrence County grand jury indicted him in August on felony leaving the scene of an accident without reporting and two counts of tampering with physical evidence stemming from the fatal accident.

He pleaded guilty in October in County Court in separate cases to leaving the scene of an accident without reporting and DWI, both felonies.

Judge Jerome J. Richards earlier this month tossed Mr. Olmstead's guilty pleas because he denied being involved in a fatal accident.

Attorney Joseph P. Nichols of the Poissant, Nichols, Grue & Vanier law firm in Malone, representing the Caldwells, didn't return a call for comment Friday.