June 22, 2009: Cathyann Pandolfo, of Uxbridge, Massachusetts, has died as the result of personal injuries suffered in a motorcycle accident on I-93 South in Windham, New Hampshire. Cathyann Pandolfo was riding on the back of a motorcycle driven by Derek Pandolfo. Investigators believe that they were husband and wife.
Witnesses claim that the motorcycle drifted onto the shoulder between exits 3 and 4 and encountered some gravel. The bike flipped over twice throwing both from the vehicle. Ms. Pandolfo was pronounced dead at the scene. Mr. Pandolfo sustained serious injuries and was taken to nearby Parkland Medical Center and later transferred to Beth Israel Hospital in Boston.
The accident is still under investigation by New Hampshire State Police, but it does not appear that drugs or alcohol were factors in the crash. Police have confirmed that both riders were wearing helmets at the time of the accident.
A civil claim by the passenger of a motorcyle can arise against the driver for personal injuries or death, even if the parties are related. In the case of a death, a representative of the deceased person, after obtaining court approval in the state of residence of the deceased, may make claims on behalf the estate. When the driver is the spouse of the deceased passenger, in most instances, someone other than the spouse will become the representative of the estate, for obvious reasons.