NEWBURYPORT — A private Newburyport club has missed a court-ordered deadline to pay a $250,000 settlement to an injured police officer.
Friday was the deadline for the Neptune Club to have paid West Newbury police Sgt. Daniel Cena as part of a settlement the two sides reached in October for the club's role in the 2007 drunken-driving car accident that seriously injured him. Cena said this week he has not received any payment.
Cena and the club reached a settlement in October, and the club initially indicated it would pay within a month. Cena went back to court in late December to force the club to pay the money, and Judge Maynard Kirpalani issued the order giving the club one month to come up with the payment.
Cena, who was a patrol officer for Newbury at the time of the crash, said he was disappointed with the Neptune Club's failure to pay, saying he would like to have the matter resolved.
"I just basically want to get it over and get it behind me," Cena said.
Daniel Bowie, attorney for the Neptune Club, did not respond to a phone call seeking comment on the settlement. The door was locked when a reporter visited Bowie's State Street office yesterday morning, even though multiple voices could be heard from outside the door.
As part of the settlement reached in Newburyport Superior Court, the Neptune Veteran Firemen's Association, which operates the club, avoided any admission of wrongdoing, responsibility or liability in terms of the incident. The Neptune Club is one of four private clubs in Newburyport, the others being the North End Boat Club, the Elks Club and the Dalton Club.
The settlement had originally scuttled a trial date scheduled for early 2012. The lack of payment could potentially revive the need for a trial or possibly force Cena's attorney to seek other avenues to force the Neptune Club to resolve the matter. Multiple phone calls to Cena's attorney Jason Ranallo seeking comment on what he might do next were not returned yesterday.
Cena, the brother of World Wrestling Entertainment wrestler John Cena, originally sued the Neptune Veteran Firemen's Association for $500,000, claiming it was negligent when it over-served Rowley resident Robert Nolan, who slammed into the officer's cruiser on Route 1 in Newbury in February 2007. Cena's leg was severely broken after a car driven by Nolan crossed the center line and smashed into him on the night of Feb. 5. The severity of the crash broke Cena's left fibula and tibia bones and forced him to miss significant time from the force. By the time he was able to resume his duties in June 2008, he transferred to the West Newbury Police Department, filling a vacant sergeant position.
If and when Cena is paid, it will also prove to be a boon for the town of Newbury, which is in line to collect $111,000 of the $250,000 settlement, according to Cena.
Reached yesterday, Newbury Town Administrator Tracy Blais said she would need to confirm the figure provided by Cena with the town's attorney. Should the town be award that generous sum, Blais said it would go toward improving the town's buildings and upgrading equipment.
"We've got some catchup to do, so that's a priority," Blais said.
Blais added that the money would go into a special revenue account that could only be touched if approved by voters at a future Town Meeting.
Nolan eventually pleaded guilty to drunken driving charges and recklessly and negligently causing serious bodily injury.
According to court records found at Newburyport Superior Court, Nolan said the Neptune Club served him up to nine 12-ounce beers. That resulted in his having a blood alcohol level of .24 at the time of the crash. Cena then added the club to the lawsuit, claiming that by over-serving Nolan to the point where his blood alcohol level was three times the current state limit of .08, the Neptune Club acted negligently and recklessly and was a factor in the crash that almost finished Cena's career.
Cena joined the West Newbury police force as a dispatcher at age 19. He eventually earned a criminal justice degree from UMass Lowell and became a reserve police officer in 2003. He joined the Newbury Police Department in 2003 and then returned to the West Newbury Police Department in 2008.
In an email dated Sept. 27, Bowie informed Cena's attorney that the club had agreed to pay Cena $250,000 and intended to fund the proposed settlement by obtaining a loan secured by Neptune's property. The email also said the amount would be paid within 30 days by certified funds or on the trust account of the lawyer involved with the lender.
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