Tilton leaders approve lawsuit in TruGreen truck accident

TILTON — It’s approaching two years since a TruGreen landscaping truck plowed through a stone wall and plunged into the Winnipesaukee River in a drunken driving accident.

Last week, the Board of Selectmen approved filing a lawsuit seeking civil damages and naming as defendants TruGreen and the driver, Thomas O’Reilly, of Auburndale, Massachusetts.

In criminal court, O'Reilly was found guilty of aggravated DWI, stripped of his license for 18 months, and sentenced to five days in jail.

Police said his blood-alcohol content was more than double the legal limit and he had an open container of beer in the truck during the morning accident.

Christopher Hilson, of Exeter, an attorney for the town, said capstones from the old river barrier had to be hoisted out of the waterway. A rail needs to be fitted to replace one destroyed in the June 18, 2018, accident.

He said total damages will be in the neighborhood of $20,000, and TruGreen has not been responsive in settling the matter.

TruGreen responded to questions with an e-mailed statement:

"At TruGreen, we are committed to safety and take incidents like this one very seriously. In accordance with TruGreen’s practice, the resolution of this matter is being managed by our third party claims administrator.  It is our understanding that the claims administrator is actively working with the City to resolve this matter."

O’Reilly does not have a listed telephone number.

“While making a left-hand turn onto Main Street in Tilton, the defendant O’Reilly failed to properly negotiate the turn, crashing into another vehicle on Main Street,” the lawsuit states. “The defendant O’Reilly then crashed through a public area owned or controlled by the town, causing severe property damage along the way.

“Ultimately, the defendant O’Reilly drove the chemical truck into the Winnipesaukee River plowing through a fence and blasting several enormous cap stones in the river.”

A bystander helped O’Reilly out of the partially submerged truck and he was treated at Franklin Regional Hospital.

The New Hampshire Department of Environmental Services was called to the scene to look for any possible water contamination from the fertilizer the truck was carrying.

Rusty’s Towing removed the truck and an attached trailer from the river. Police detoured traffic around the scene for more than three hours.