BRENTWOOD — A Pelham man who was a passenger in a car is suing the driver, claiming he crashed into a utility pole while breathing into an alcohol ignition interlock device.
Corey Coutu alleges Jake Madden of Salem was negligent when he blew into the device and hit the pole in Salem on Aug. 17, 2018.
According to the suit filed in Rockingham County Superior Court, the car Madden was driving was equipped with the device, which connects a breath analyzer to the vehicle’s ignition system to measure the alcohol concentration of the person attempting to turn it on.
The suit said the device in Madden’s car required a “rolling test reset,” which meant that after passing the initial analyzer test and driving for a few minutes, he was required to blow into it again.
“Defendant while blowing into the AIID crashed into a telephone pole,” said the suit, filed this week through Manchester attorney Donna-Marie Cote.
Coutu claims his injuries included a concussion without loss of consciousness, pain in his hip joints, and acute lower back pain.
Among other things, the suit claims Madden is liable for the injuries and that he had a “duty to maintain a lookout at all times” and a “duty to maintain control of his vehicle.”
“Defendant negligently breached each and every one of these duties by not paying attention to the road and crashing into a telephone pole,” the suit said.
Madden could not be reached for comment Wednesday.