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Lawyer Suggests Cape Cod Newborn Dad Was Mostly At Fault in Fatal Accident

April 18, 2019

The lawyer for the estate of a man who fled a police stop on Cape Cod and crashed into another car, killing the driver, is arguing that the other driver was mostly responsible for the crash.

The widow of Kevin Quinn, 32, of Mashpee, who was driving home from a hospital where his wife had just given birth in late July 2018 when the accident occurred, is suing the estate of the driver, Mickey Rivera, 22, of Fall River, for $1.6 million, according to the Cape Cod Times.

Kara Quinn, the widow, is arguing that Rivera’s actions were malicious and reckless and that his estate should pay. The car was insured by the woman who owns it, who lived with Rivera and is the personal representative of his estate, according to The Cape Cod Times.

Rivera, who was out on bail on a drunken driving charge that occurred while he was out on bail on a homicide charge, fled the traffic stop on July 28 and, according to police, drove up to 100 miles per hour to try to escape. The Mashpee cop who pursued him was later found by police to have violated department policy by not breaking off the chase, but the town is not named as defendant in the lawsuit, according to The Cape Cod Times.

Among the defenses that the defendant’s lawyer has offered in court:  newborn dad Kevin Quinn was more than 50 percent responsible for the accident, which took place in Cotuit near the Mashpee town line.

The lawsuit was filed March 5 in Barnstable Superior Court, but was first reported by the Cape Cod Times on Wednesday, April 17.

Rivera and his passenger, a woman who was not the owner of the car, died in the crash, along with Kevin Quinn.

The case has led to calls for changes in the way Massachusetts handles bail, including increasing the state’s flexibility to hold defendants considered dangerous to the public, but has led to little change so far.

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