LEWISTON — The son of a woman who died from injuries she suffered in a 2008 car crash is suing the woman’s husband, who was driving, according to court papers.

Hazel Kinney, 89, of Poland died at Central Maine Medical Center four days after the 1997 Buick LeSabre driven by her husband struck a tree off Summit Springs Road in Poland.

Kinney’s son, Philip Larrabee, 64, of Windham, who was a passenger in the car, was injured in the crash and was taken to the hospital.

Kinney’s husband, Ernest, 84, was treated at the hospital and released. He told police he was driving in the rain when he fell asleep at the wheel and his car drifted off the road at a curve and struck a tree, according to an accident report.

All three were wearing seat belts.

A blood-alcohol test, required in fatal accidents, showed his level was 0 percent, police said.

Larrabee filed a complaint in Androscoggin County Superior Court, alleging Ernest Kinney “negligently and carelessly” drove his car in a manner that caused it to go off the road and hit a tree.

Larrabee sued on behalf of himself and his mother’s estate.

The crash caused “great pain and suffering and mental anguish” to him, the suit says. He was hospitalized and required medical treatment for which he had to pay. It caused him to lose wages and prevented him from being able to work at his job. He wasn’t able to earn as much after the accident and he suffered permanent injuries that caused him to lose enjoyment in life, the suit says.

Larrabee also says the crash caused his mother pain and suffering before she died. Her wrongful death resulted in hospital costs and funeral costs. On behalf of her estate, Larrabee is seeking “reasonable judgment,” plus interest and costs.

Her children lost the comfort and companionship of their mother when she died, the suit says. The suit seeks compensation for those losses.

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