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Pembroke crash survivor’s family sues driver and Hi-Way Safety company, owners

Kendall Zemotel suffered many injuries after the crash, including a traumatic brain injury, the lawsuit says.

Hundreds gathered earlier this month for a vigil to honor the memory of Claire Zisserson, who was killed by an alleged drunk driver who worked for Hi-Way Safety Systems of Rockland. Matthew J. Lee / Globe staff file

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The family of a 13-year-old girl severely injured in a fatal alleged drunken driving crash in Pembroke in December is suing the alleged drunk driver, the company where the driver worked, as well as the couple that owns the company.

Kendall Zemotel suffered a traumatic brain injury, as well as injuries to her neck, shoulder, legs, pelvis, and internal injuries, as the result of the Dec. 29 crash that claimed the life of Zemotel’s friend, Claire Zisserson, 13, and injured Zisserson’s mother.

Gregory Goodsell, 31, who worked for Hi-Way Safety Systems, Inc., faces a variety of charges related to the crash, including manslaughter while driving drunk. He was found dangerous, and is being held without bail pending a probable cause hearing scheduled for Feb. 10. Goodsell, who had a lengthy record of driving violations, was operating a company vehicle at the time.

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The lawsuit is the latest development in the ongoing aftermath of the fatal crash, and the company party that preceded the incident, where Goodsell reportedly drank and used cocaine prior to the tragedy.

Two other employees were charged hours after the party. Francis Paiva III, 36, was charged with driving drunk, while 31-year-old Omar Calderon was charged with disorderly conduct. Another employee, Joseph Amaral, was found unresponsive in his hotel after the party, and later died.

In the lawsuit, Zemotel’s lawyers allege that Hi-Way Safety’s owners, couple Kathy Delong and Kenneth Horn, held a party for employees at their home at 39 Farmside Drive, Pembroke, attended by Goodsell. Alcohol as well as narcotics, including cocaine, were present at the party, according to the lawsuit document posted online by The Patriot Ledger.

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The lawsuit further alleges that Goodsell used the drugs and drank alcohol at the party, and that Goodsell left the party intoxicated and drove a vehicle owned by the company. Company officials said in a past statement that other employees attempted to get Goodsell to hand over the keys.

The lawsuit alleges that Goodsell ran a red light, striking the vehicle Zemotel and the Zissersons were in.

The lawsuit further alleges that Goodsell negligently operated the vehicle, that the company and its owners  “negligently and carelessly” gave alcohol to its party guests, and allowed them to use illegal drugs. The suit also alleges the company, as well as Horn and Delong, allowed Goodsell to operate the vehicle.

Hi-Way Safety also had its permission to bid on state contract work revoked earlier this month.

In a post shared to a GoFundMe page dedicated to raising money for Zemotel’s care, her family said she can breathe on her own again, is starting to move, and is “regaining her ability to speak.”

“It has been and will continue to be a long journey,” the post says. “She has a lot of different injuries. Kendall is strong and making progress every day.” 

https://twitter.com/AllyNBCBoston/status/1214668213814022149

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