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Elderly driver arraigned in Danvers Wal-Mart crash

E-mail|Link|Comments () October 22, 2009 01:58 PM

By Brian Benson, Globe Correspondent

The mother of a 1-year-old girl who was seriously injured when a car plowed into a Danvers Wal-Mart in June looked on as the elderly driver who was at the wheel of the car was arraigned this morning.

Louis Vesprini, 93, was looking for a parking space when he stepped on the accelerator instead of the brake, driving through two red posts into the store’s exit doors, according to a police report.

The car struck Alaina Hayes, 25, of Gloucester, who was pushing her daughter, Makayla, in a stroller, according to the report from the June 2 incident.

Hayes has filed a civil lawsuit for an unspecified amount against Vesprini, said her lawyer, Barry Feinstein.

“We’re seeking damages to provide the best medical treatment possible" for the baby, Feinstein said outside Salem District Court, where Vesprini was arraigned.

After the accident, Makayla was taken to Massachusetts General Hospital, where she had surgery to repair a fractured skull and jaw.

The baby has undergone two surgeries with a third scheduled, Feinstein said.

Doctors are worried about long-term developmental issues because her head struck a cash register, possibly causing brain damage, he said.

“The primary concern besides all the physical issues is what are the long-term developmental effects,” Feinstein said. “The family is guarded but hopeful.”

Wal-Mart is also a defendant in the suit, because safety pilings designed to prevent cars from crashing through the store were allegedly irregularly spaced. Other people injured at the scene may join as plaintiffs, Feinstein said.

No date has been set for hearings on the civil matter.

Meanwhile, Vesprini, dressed in a sport coat and using a cane, pleaded not guilty at his arraignment on one count of negligent operation of a motor vehicle.

Prosecutor Colleen Cashman requested Vesprini be forbidden from driving for the duration of the case.

Paul Markham, a Melrose lawyer representing Vesprini, noted in court that Vesprini had already stopped driving and given up his license.

Markham and Vesprini declined to comment after the arraignment.

“We’re not going to comment on pending cases outside the courtroom,” said Stephen O’Connell, a spokesman for the Essex County district attorney’s office.

If convicted, Vesprini could face a fine and up to two years in jail, O’Connell said. A pretrial hearing is scheduled for Dec. 3.