another Elf landscaping involved in a motorcycle fatality

[RandyO]

Foster's Online, Dover, New Hampshire

Crash kills Strafford motorcyclist
Updated report

By AARON SANBORN
Democrat Staff Writer




Craig Osborne/ Democrat photo A member of an accident reconstruction team photographs the scene of a fatal motorcycle crash on Walnut Street in Rochester on Wednesday.





ROCHESTER — A 37-year-old man from Strafford was killed Wednesday night after his motorcycle skidded and then struck a flatbed trailer being pulled by a dump truck.

Joseph Chalifour of 19 Sloper Road was pronounced dead at Frisbie Memorial Hospital shortly after he was transported from the scene.

Police say that at around 5:30 p.m. Chalifour was traveling west on Walnut Street toward Strafford when his 2004 Harley-Davidson skidded and struck the empty rear flatbed trailer being hauled by an Elf's Landscaping dump truck.

Sgt. Anthony Deluca said the truck was traveling east and had taken a left onto Stephens Drive, in the vicinity of Elf's Landscaping, when the accident happened.

The driver of the truck, Jeremy Kean, 27, of Rochester, was uninjured.

Detectives from the Strafford County Technical Accident Reconstruction Team were called in to investigate the accident but at this time it's unknown what caused Chalifour to skid.

"Investigations where the TAR the team is called out are usually pretty lengthy," Capt. Paul Callaghan said. "There are several factors to determine and it would be premature to say anything right now."

Chalifour's motorcycle, the Elf's truck and trailer were impounded, Callaghan said.

Rescue workers tended to Chalifour's medical needs at the scene for about 20 minutes before the ambulance transported him. Police say there were plans to transport Chalifour to Skyhaven Airport so he could be airlifted to a medical facility but they were later called off.

Several Elf's associates were on scene and didn't want to comment.

A large portion of Walnut Street near the four-way intersection of Estes, Meaderboro and Crown Point roads was taped off and closed for about five hours while the accident was being investigated. The road was reopened shortly before 10:30 p.m.

Justin Moscalella and John Gonzalez were traveling behind another vehicle when the accident happened. They said it was hard to see what happened but said it unfolded fast.

"All we saw was the truck turn in (to the road)... and then we saw the motorcycle seat fly out and the back of the bike hit the ground," Moscalella said.

Moscalella then called 911 from his cell phone.

There were a few Walnut Street residents who said they saw the motorcycle go by their homes but didn't see the accident.

Walnut Street resident Kay Abraham said there haven't been many accidents in the area but said she had concerns that there could be one, especially near the four-way intersection.

"It's a bad area, especially at this time of day with all the traffic from people coming home from work," Abraham said.

She added the sun is also a factor in the area.

This is the second fatal accident involving an Elf's Landscaping truck this year. On May 1, an Elf's dump truck backing out of a parking space at the Pease Development Authority in Portsmouth struck and killed a Barrington man. The driver of that truck was arrested for operating with a suspended license.

Chalifour is known in the area as the organizer for Jordyn's Ride motorcycle ride, a ride in honor of his young niece Jordyn Boucher, a Stratham resident who suffers from leukemia. The ride was founded in 2006, with proceeds going toward Boucher's family as well as Seacoast families with similar struggles.

This year's ride took place on May 5 and raised more than $7,000

[beet]

RIP

[RandyO]

Widow of motorcyclist files wrongful-death suit: Elf's Landscaping being sued for damages

By AARON SANBORN
asanborn@fosters.com


Article Date: Friday, December 7, 2007
DOVER A wrongful-death suit has been filed against Elf's Landscaping Inc. after one of its dump trucks was involved in a fatal accident this summer with a motorcyclist in Rochester.

Robin K. Chalifour of Strafford filed the suit under the estate of her husband, Joseph Chalifour, on Nov. 27 at Strafford County Superior Court. Joseph Chalifour was killed July 25 while traveling on Walnut Street. Police have said Chalifour's 2004 Harley-Davidson skidded and struck an empty flatbed trailer being hauled by the Elf's dump truck.

The accident occurred across from the landscaping business, at the intersection of Walnut Street and Stephen Drive. The Elf's truck was traveling east on Walnut Street and made a left turn onto Stephens Drive when Chalifour, traveling west on Walnut, struck the flatbed trailer.

Rochester police Capt. Paul Callaghan said Wednesday a cause for the accident has yet to be determined and it remains under investigation. No charges were ever filed against the driver of the truck.

In the suit Chalifour claims the company's "truck and flatbed trailer were illegally and unsafely turned in front," of Chalifour "causing a violent collision between the vehicles."

Chalifour suffered multiple fractured ribs, severe lacerations of the lungs, laceration of his liver, a rupture of his aorta and substantial internal bleeding, according to the suit.

The owner of Elf's was unavailable for comment Thursday afternoon.

Chalifour is seeking $3,485,381.61 in damages, which includes hospital and medical care, burial expenses, economic losses by reason of his interrupted earning capacity, as well as the loss of his services to his wife, family and household.

Prior to his death, Joseph Chalifour was well known in the area for organizing a motorcycle ride to benefit his 6-year-old niece, Jordyn, who suffers from leukemia. The ride, which took place in 2006 and 2007, raised money for his niece's medical expenses and for children in the Seacoast battling cancer.

A memorial ride for Chalifour took place prior to his funeral.

July's accident was second fatal accident involving an Elf's Landscaping truck this year. On May 1, an Elf's dump truck backing out of a parking space at the Pease Development Authority in Portsmouth struck and killed a Barrington man. The driver of that truck was charged with operating with a suspended license.

[greenmonster]

It looks like yet another classic case of a left turn into the path of an oncoming bike. I feel for him and his family, left to struggle with it. I hope she wins the suit if it turns out the truck driver was in the wrong. Interesting how the report says the bike "skidded" and then hit the truck. Just what you'd expect to happen. No mystery there.

[RandyO]

It looks like yet another classic case of a left turn into the path of an oncoming bike. I feel for him and his family, left to struggle with it. I hope she wins the suit if it turns out the truck driver was in the wrong. Interesting how the report says the bike "skidded" and then hit the truck. Just what you'd expect to happen. No mystery there.

I would agree if they were suing the driver, is the driver's enployer responsible cause they have deeper pockets

[CMG241]

i'd guess the bike did not see the low trailer behind the truck, assuming he'd make it behind the truck once it cleared his lane - if so the truck should have taken his additional length into consideration prior to pulling in front of the bike.

[Bud]

I would agree if they were suing the driver, is the driver's enployer responsible cause they have deeper pockets

No, the employer is partly responsible because he owns the truck and the driver was probably driving it in the capacity of his job for that employer. Insurance premiums for these types of businesses are huge to protect the company from folding due to their dumb ass employees.
I don't know the particulars of this suit, but most suits like this name the driver and the company as co-defendants.

[Currently]

No winners here. (except the lawyers)

Even if she does get money, it will be structured and most people can't handle the problems it creates.

[bigred875]

I would agree if they were suing the driver, is the driver's enployer responsible cause they have deeper pockets

isn't this the 3rd death in which people from that company has caused? either way the company should have some liability, their truck their employee...

[SVRACER01]

if you dont know that area, its a nasty intersection. if the biker was heading away from Rochester then that area is a blind corner. no matter what im driving i slow down through there because if you are coming off Meadoboro rd you cant see shit coming up walnut st.
dangerous spot.

[RandyO]

It looks like yet another classic case of a left turn into the path of an oncoming bike. I feel for him and his family, left to struggle with it. I hope she wins the suit if it turns out the truck driver was in the wrong. Interesting how the report says the bike "skidded" and then hit the truck. Just what you'd expect to happen. No mystery there.

As SVRace sez, you gotta know that intersection, a truck pulling a trailer takes a while to get across the road, you can only see a short distance ahead, if your going the speed limit when you come around the corner, you might be going too fast to stop for someone who has initiated a left turn before you came into view

maybe the driver is also named in the suit, who knows, the editors at Fostors like to leave shit out

I see the the widow looking for deep pockets

[Stoneman]

I would agree if they were suing the driver, is the driver's enployer responsible cause they have deeper pockets

If the driver was 'punched in' and under Elf's employ, they certainly are responsible. You should know that, Randy...

[Stoneman]

This part makes me wonder:

Rochester police Capt. Paul Callaghan said Wednesday a cause for the accident has yet to be determined and it remains under investigation.

[ScooterRash]

Unless the driver stole the truck the company takes all responsibility for the vehicle as well as the actions of thier driver. I'm sure the attorney will be happy to settle with the insurance company for under a million dollars, get the money quickly, keep 40% for himself and share the rest with the widow? Sounds like a Rinky Dink company to start with and who knows whether or not they even have insurance?

[Robin]

...

[Doc]

Robin,

I am not from the area, nor do I know the details of the incident other than what has been reported.

I just wanted to say that I am sorry for your loss. Please do not misconstrue the ramblings here. They are not meant as insults or characterizations. They are 3rd party accounts that are not factual.

I am sure that we all hope you can find some sembalance of peace this holiday and we hope that your settlement comes soon.

Thank you for posting.

[wylee]

Let me first say I'm truly sorry for your loss. It is extremely shitty to lose someone you love unexpectedly.

EDIT:
On second thought, I'll keep my opinion on the lawsuit to myself.

[Jayspeed]

Very sorry to hear. An example why over $3 mil is needed: say he was going to work another 30 years and he makes $100k a year. Thats $3 mil right there.

[Robin]

Thank you to those of you who offer me and my family your sincere condolences.

To others: You would ***think*** that the riding community would be supportive of a widow who is holding a company responsible...a company who employed two drivers who killed two motorcycle riders in two months, the first of which was driving on a suspended license (according to the newspaper). I guess according to some of the comments above I should have just done nothing at all, which by the way, I would personally have considered a much easier route to take. Believe it or not, not everyone is motivated by money. In fact in an answer to your question "Wylee" (in an earlier post), NO, my husband's life is not worth 3.5 million dollars, in fact, his life was worth NO AMOUNT OF MONEY AT ALL. No amount of money will make a dent in the loss that my children and I feel, about that you are correct.

Peace to you all, and safe driving.

[Stoneman]

Wow, Robin. First and foremost, we ALL feel deeply for you & your children's loss. However, I think you've taken to defense far too quickly with this crowd. I've read, read over and re-read this thread and just about every poster in it is in agreement that the driver was responsible and both he and the company he was employed by that day should suffer the fullest...

Being an administrator, I also get to see your first post that you deleted. Even more seering, still pretty far off base. I think if you had taken just a moment to look into this site a bit more, you'd find a great deal of us here have lost loved ones as a result of a motorcycling accident. Again, we're all truely sorry for you & your young ones' loss. I don't think words can even describe how most of us feel to hear news like that. But please don't judge us based on a quick Google search someone pointed out to you...

[Robin]

Stoneman, you are right, I apologize for the way I came across. Absolutely, most people are supportive and I appreciate that. It's just the few here and there that sent me into a frenzy (the worst one of which has been deleted). Anyway, thanks to all and have a great summer.

[Stoneman]

Stoneman, you are right, I apologize for the way I came across. Absolutely, most people are supportive and I appreciate that. It's just the few here and there that sent me into a frenzy (the worst one of which has been deleted). Anyway, thanks to all and have a great summer.

I think I speak for most of us when I say we understand your initial reaction. I'm sure you know by now how supportive the M/C'ing community is, especially in a situation such as yours and your young children. I think it safe to say that we all hope you all the best of luck...

[Devil1]

RIP. My condolences.