Tour de Fair Haven Cyclist's Family Files Notice of $10M Wrongful Death Lawsuit

The family of Cole Porter, the cyclist who sustained fatal injuries in the Tour de Fair Haven race, has noticed Fair Haven of an intention to file a wrongful death lawsuit against the borough for $10 million, Mayor Ben Lucarelli said.

The notice, which Lucarelli said is required as a prerequisite to a suit involving a public entity, was filed a couple of weeks ago. The time restriction for doing so, he said, is short — a few months — from the time of loss when suing a public entity, as opposed to a private one, which can be filed up to two years later.

A friend of Porter's, Lucarelli said he fully understands that his wife, Megan, is "doing what she needs to do. It was a tragic accident, and in this modern world, this is just what happens — lawsuits. How it shakes out is nothing any of us can control. That is to be determined by judicial system."

What happens now, the mayor said, speaking to procedure only, is insurance companies are contacted and attorneys assigned.

As far as the notion of continuing what has become the annual Tour de Fair Haven race, which has raised roughly $10,000 to $18,000 a year for Fair Haven Day, Lucarelli said that the sentiment now is that there is no interest in continuing.

"Everyone is still in a state of shock and mourning over it," he said. "We've had some discussions about it and there was no interest gauged in continuing right now. We'll revisit it in the spring, but it's doubtful."

If anything, Lucarelli said, there would be some sort of fundraiser for the Porter family. However, he added, the borough would not want to take away from the Shrewsbury Fire Department's purview in doing the same.

Deeply saddened by Porter's loss, himself, Lucarelli said that the most important thing right now is to remember that this is the Porter family's first Christmas without their husband and dad.

"That's the most important thing to be thinking of right now," he said. "Our hearts and prayers are with them."