Pittsfield Man Killed in Pedestrian Crash

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PITTSFIELD, Mass. — A Pittsfield man operating a mobility scooter was killed when he was struck by a pickup truck Tuesday night on Second Street. 
 
David Frye, 72, was traveling north on Second Street at about 7 p.m. when the collision occurred. He was taken by Action Ambulance to Berkshire Medical Center, where he was later pronounced dead.
 
According to the police report, a 2014 Dodge Ram operated by Dyvine Smythe, 24, of Adams, was eastbound on Wallace Place to take a right turn onto Second Street. The report continued that while entering onto Second, he collided with a Frye and his scooter.
 
Second Street was closed to traffic from Lake Street to Silver Street for approximately two hours while the investigation into the collision took place and for the roadway to be cleared.
 
Anyone who may have witnessed this incident or have any information concerning this incident is asked to contact Police Officer Brandon Gallagher at 413-448-9700, Ext. 549.

Tags: fatal,   MVI,   pedestrians,   

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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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