Family of 6-year-old Somerset boy killed on R.I. bike path files negligence claim

In the Sept. 21 notice to the Bristol Town Council, the Providence law firm of Decof, Decof & Barry cited a lack of safety conditions of the scenic road and bike path

BRISTOL, RHODE ISLAND – The family of Mason Sterne, the 6-year-old Somerset boy killed on his bicycle this summer while crossing the East Bay Bike Path with family members on Popasquash Road, submitted a claim against the town for negligence.

In the Sept. 21 notice to the Bristol Town Council, the Providence law firm of Decof, Decof & Barry cited a lack of safety conditions of the scenic road and bike path, which included:

• Failure to have policies and procedures in place “mandating that a stop sign, flashing and/or blinking lights, chatter strips rumble strips and other signage” were visible and unobstructed and alerting motorists approaching the Popposquash Road crosswalk of bicyclists, pedestrians and other users.

• Failure to ensure all trees, branches and foliage were “cut back and trimmed so that the view of approaching motorists would be clear and unobstructed to view bicyclists” and others.

Mason Sterne, a son of Bobbie and Amy Sterne of Buffinton Street in Somerset, was struck by a motorist on July 24 at approximately 3:30 p.m., and was transported by ambulance to Hasboro Children’s Hospital where he died, said the law firm on behalf of the parents.

Mason was riding his bike in a northbound direction toward Warren, and was in the second lane of traffic nearest the path on Popposquash Road, while the vehicle had turned from Hope Street onto Popposquash and was headed westerly when the fatal accident happened, Bristol Police Captain Brian Burke said.

He has only identified the driver as a 21-year-old female from Canton, Connecticut, and offered no further details about the accident Friday morning. No charges have been issued and the Rhode Island State Police continue to perform their accident reconstruction to determine what they believe caused it, Burke said.

The Bristol Town Council on its agenda this week approved a consent agenda that included a motion to deny this claim and refer it to their Insurance Committee and the Interlocal Trust for response to the claimant.

Chairman Nathan Calouro said there was no discussion about the claim at the meeting, and it is being handled by the town’s legal counsel, attorney Michael Ursillo of Ursillo Teitz & Ritch. According to the firm, under state law there needs to be a 40-day period or a town’s denial of the claim after it’s been made before one can be filed in court.

Soon after the accident more than two months ago, Rhode Island state departments responsible for the East Bay Bike Path, which goes from Bristol to Providence, performed considerable work at this location to improve visibility and safety signage.

It was not immediately known how the Sterne family claim might involve the state.

In Somerset, Mason Sterne was a much-loved kindergartner at Chace Street Elementary School ready to enter first grade. Mason was the youngest of three children, that includes two sisters.

Somerset Superintendent Jeff Schoonover said the sisters have been at the schools this year. The school community has rallied while grieving to show its support in different ways, including a large gathering holding signs of love for the family on the day of Mason’s funeral as the family drove slowly along the school driveway to see all the students, faculty and families in an emotional demonstration.

Schoonover said most recently their high school DECA students have organized a three-on-three basketball tournament next month with proceeds to install a Mason study bench at Chace to remember and honor him.

This story will be updated today with any additional information that is available.

Email Michael Holtzman at mholtzman@heraldnews.com or call him at 508-676-2573.