The estate of a man killed late last year when he was struck in South Burlington by an on-duty Shelburne police sergeant driving a cruiser has filed a wrongful death lawsuit against the town of Shelburne, Vt.

Thirty-eight-year-old Sean Hayes died at the scene of the crash in the early morning hours of Nov. 11. 

The lawsuit was filed Wednesday in Chittenden County Superior civil court in Burlington by attorney Brooks McArthur on behalf of Brenna Lassiter, who is Hayes’ sister and the administrator of his estate.

McArthur alleged in the lawsuit that Hayes suffered his fatal injuries “as a direct and proximate result of the negligence and wrongful acts and omissions” of Sgt. Kyle Kapitanski of the Shelburne Police Department, the driver of the cruiser.

Kapitanski, an employee of the town of Shelburne, “violated his duty to Sean, in that he  operated the motor vehicle in an unsafe, unreasonable, careless and negligent fashion by failing  to properly observe and be aware of any bicyclists and/or pedestrians on or near the roadway,” McArthur wrote.

Hayes, according to the lawsuit, was on Shelburne Road near the intersection of Fayette Drive in South Burlington around 2:45 a.m. on Nov. 11.

Hayes had been riding his bicycle which had a trailer attached to the rear of it, McArthur wrote.

“Sean was off his bicycle standing immediately next to the curb alongside his bicycle and trailer,” McArthur added. “The area where Sean was standing was also a bus stop with a large glass enclosed waiting area for bus passengers.” 

Kapitanski, McArthur wrote, was driving his cruiser in the far right southbound lane of Shelburne Road when the crash took place.

Kapitanski, according to the lawsuit, did not come to an immediate stop after striking and killing Hayes.