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Town's liability, decisions during case puzzle many MATTHEW HIGBEE mhigbee@ctpost.com SEYMOUR — Reaction to the $6.2 million jury award against the town Tuesday ranged from shock over the verdict's size to confusion about why the town was liable for the actions of a police detective on his day off. In rendering its verdict, however, the jury felt that Detective Bailey Cook's negligence was a substantial cause in the 2001 drunken-driving accident that killed three young men and injured a fourth. "To me, it seems an exorbitant amount to hold the town responsible [for]," said Paul Rosebrock, a former selectman who was recently elected to the finance board. "Based on the fact that the policeman was off duty, I feel he was behaving as a private citizen at that point. "The young men chose to drink and drive," he said. Two years ago, despite having pleaded guilty to lying to accident investigators, Cook retired with a pension and benefits. And in a series of decisions that are still unclear, the town agreed to pay for all of Cook's legal expenses and any verdict rendered against him. William M. Tierney, an attorney representing Kemper Insurance, the town's carrier, filed a June 15, 2004, court statement that Seymour agreed to pay damages found against Cook, according to a state law that protects municipal employees from liability while "acting in the performance of their duties." First Selectman Robert Koskelowski said he didn't know who authorized the release of Cook from liability. "I'm trying to find that letter myself. It happened before I became first selectman," he said. While the town's policy with Kemper covers only up to $6 million, Koskelowski said he is confident the company would pay the entire award. "The insurance company made all the calls in the case," he said. "They decided to go to trial when we had letters urging them to settle the thing." Since Kemper has stopped writing policies, however, former Selectwoman Jeanne Loda is concerned that the company could drag out appeals until ultimately filing for bankruptcy and sticking the town with the bill. "Why did our insurance company indemnify Bailey Cook? Who did it?" Loda wanted to know.
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