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Elderly driver claims bias
BY RICK FOSTER SUN CHRONICLE STAFF
Saturday, July 4, 2009 2:20 AM EDT




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Seekonk man denies hitting boy at NA mall
NORTH ATTLEBORO - The elderly driver of a car that allegedly pinned an 11-year-old boy between two vehicles at Emerald Square mall Monday says he's being unfairly targeted because of his age.

Domenick Perry, 85, of 173 Cherry Hill Road in Seekonk, says he doesn't believe his car ever actually touched Zachary Rofino, 11, who was helping his sister remove a stroller from their family's SUV when he allegedly was struck.

Perry said he's the victim of bias against older drivers.

"Yes, I honestly believe that," said Perry, whose license was revoked following the incident. "There was no good reason to suspend my license."

Perry's comments brought an angry response from Donna Rofino, Zachary's mother. "I never expected all this," said Rofino, who said her son is on crutches after being treated at Hasbro Children's Hospital for injuries to his hip and thigh. "It's so insulting to my son, first to have someone do this and then not to take responsibility for it."

Rofino said Zachary suffered bruising on his hip and has an indentation where he was pinned by the car bumper.

"He's lying on the couch," Rofino said. "It's summer. He should be out playing basketball."

According to police, Perry was charged with driving to endanger following the accident in the Macy's parking garage at the mall.

Zachary was attempting to remove the stroller from the rear of his mother's sport utility vehicle when Perry's car allegedly backed into him, the police report said.

Perry said he was backing out of his parking space when he heard a scream. He said he did not see any indication that he had struck Zachary and the boy appeared to be unhurt.

Perry, a World War II veteran, said he drove an armored car during the war and was a member of the Teamsters in civilian life.

"And in all that time, I never got a citation," he said.

Perry said losing his driving privileges is a hardship and that he relies on his car for shopping trips and to take his ailing wife to doctors' appointments.

RICK FOSTER can be reached at 508-236-0360 or at rfoster@thesunchronicle.com.
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gridkid wrote on Jul 4, 2009 8:51 PM:

" " There are 90 year olds that are perfectly ok to drive and there are much younger that are not. We have all seen the elderly driver slowly weave down the road on many occasions. If by the time you pulled along side of that constant blinker, weaving along, slow driving sedan and found a 30 year old, you would all be dialing 911 to get the "impaired" driver off the road. Why not treat it like an impairment of any kind? Forget about breathalizer, just a simple field sobriety test adminstered would be enough to either take the gentleman's license or treat it like any other honest accident. IF he was sober and couldnt focus or conduct an easy coordination test than he shouldnt be behind the wheel of a two ton weapon "

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KyraSkye wrote on Jul 4, 2009 4:56 PM:

" Kevin H., I never stated retesting everyone because they are "you are to dumb, or cowed". I suggested (tongue in cheek) to retest everyone every 2 years- or have their doctor test them and give the okay to drive.
I agree that the older we get the the more the human body deteriorates. that is just a fact of life. The doctor is the first on to notice what we don't notice for ourselves- as well as family members. I have an elderly person in my family who's immediate family did not want to take his keys away. After his 6th incident of running off the road and missing his driveway they finally took his keys and car and began helping him do his errands.

Why can't the RMV charge for the extra paperwork? They charge us to renew our license, to replace it, and even to take the test to get it. Why not charge for the extra work of certifying everyone every time? Or having to process the forms from the doctor? "

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kevin h. wrote on Jul 4, 2009 2:28 PM:

" Age discrimination is bad? Oh boy, here comes the 85 year old cops, firefighters, military personnel, airline pilots, etc.
Wake up people, old folks are deteriorating, it's not their fault but its true. To say that everyone should be retested because you are to dumb, or cowed to realize is wasteful, especially with LESS registries. The driving test IS NOT THAT TOUGH. If they think they should be able to drive, prove it. Take the test. Driving is a privilege, not a right.
How about this..... Retest for everyone every 60 years! scheeze. "

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gridkid wrote on Jul 4, 2009 10:17 AM:

" Like I said before "Hardhearted" If you saw a 25, 30, 40 year old driving down the street with one of their blinkers constantly blinking and traveling 10 to 15 miles below the speed limit all the while slamming the breaks everytime they "think" a car is going to pull out in front of them. Well you would be on the phone dialing 911 to get THAT impaired driver off the road now wouldnt you? I say treat every accident the same way you a suspicious alcahol related accident would be. A field sobriety test would find out right away if that elderly driver has the hand eye coordination to be behind the wheel that day. and if they choose not to.. they can lose their license for the next four months because they refused to take the test. Same way an alleged drunk loses his license when he refuses a breathalyzer. "

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Dog Star wrote on Jul 4, 2009 9:09 AM:

" I can't believe Mr. Perry won't take responsibility for his actions. He should be thankful it wasn't more serious. After reading his comment I hope Mrs. Rofino sues him!! "

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mia wrote on Jul 3, 2009 10:08 PM:

" The guy proudly mentions the fact that he could command a tank in WWII, but he wasn't 85 at the time!!! "

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playtowin wrote on Jul 3, 2009 5:12 PM:

" I just can't understand some these comments. An 11 yr old boy get pinned by a car and is taken to the hospital. He is treated by highly qualified Doctors who look at the situation, take xrays and file a full report. What is the motivation to lie about this again? yes I'm very sure they stalked the parking lot waiting for an elderly man to park behind and wait for the correct time to lundge in front and scream...then of course the Police and EMT's were in on it to make the scam complete and force all elderly driver off the road. I'm sure the Doctors are also in on the scam to sue the old timer. Maybe just maybe the old man backed into the 11 yr old and pinned him, but of course that would be way to far fetched after hearing he drove an armoured car in WWII. Test everyone if that make the AARP Happy shouldn't the safty of the people be what lawmakers are here to govern for? "

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hardhearted wrote on Jul 3, 2009 1:47 PM:

" Interesting thread. Everyone seems to be testifying. I hope that you gave your names to the police as witnesses. I agree that the should be surveillance tapes. I have had several accidents in the years I was driving.
A forty year old distracted by his cell phone backed into my car.
A 35 year old woman chatting with her mother in the passenger seat rear-ended my car.
A 30 year old woman driving while tending an infant in the back seat rear-ended my car.
Once, while on my bicycle a 25 year old driver pulling out of an intersection right in front of me slams on his brakes and I hit him.
What to these incidents have in common? All of the drivers were 40 and under and all said to the investigators, "I didn't see her". I don't hear calls for re-testing these morons. "

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shaggydawg wrote on Jul 3, 2009 10:58 AM:

" I'm 64 and approaching the age when I will have to worry about my ability to not be a menace on the road. I fully support Senator Joyce's bill that would mandate a retest of driver's 85 or older. It's not age bias, but a simple fact that people age at different rates, both mentally and physically. No one is suggesting that a driver's license should automatically be suspended at an arbitrary age, but that some form of testing should be in place. Anyone that spends time behind the wheel knows that many older drivers no longer have the ability to be driving a motor vehicle. I think it's ludicrous to suggest that everyone be retested every 2 years. The state is virtually bankrupt, and doesn't have the manpower to accomplish this task. "

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gridkid wrote on Jul 3, 2009 10:39 AM:

" There are 90 year olds that are perfectly ok to drive and there are much younger that are not. We have all seen the elderly driver slowly weave down the road on many occasions. If by the time you pulled along side of that constant blinker, weaving along, slow driving sedan and found a 30 year old, you would all be dialing 911 to get the "impaired" driver off the road. Why not treat it like an impairment of any kind? Forget about breathalizer, just a simple field sobriety test adminstered would be enough to either take the gentleman's license or treat it like any other honest accident. IF he was sober and couldnt focus or conduct an easy coordination test than he shouldnt be behind the wheel of a two ton weapon. "

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mmarcia wrote on Jul 3, 2009 10:20 AM:

" Where are the alleged witnesses - other than the kid's mother? According to the story, there wasn't screaming - he heard "a scream", and that's singular. What about the sister who was allegedly helping her brother - was she allegedly hurt?

The bottom line is this - he might be elderly, but let the guy be innocent until proven guilty! "

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Hojo20 wrote on Jul 3, 2009 8:15 AM:

" This guy needs an Alzheimer's test. How could he forget about the screaming after he pinned the kid? "

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outfall1945 wrote on Jul 3, 2009 6:25 AM:

" Never mind taking his license, take the car away as he will probably drive it anyway "

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educationfirst wrote on Jul 2, 2009 11:44 PM:

" A couple of years ago I was backing out of a parking spot in South Attleboro, and had reached the point where I was about to pull foward, when an elderly woman backed quickly out of the spot directly behind me. I didn't even have time to shift into drive and pull away before she hit me. I watched it happen but there was no time to react. She never looked behind her while she was backing up. I got out of the car with my 1 year old, and went to her window to ask for insurance. She responded "why, I didn't hit you." She then said she was leaving. I was shocked... there was no way she didn't feel it. Needless to say I called police, and after she first claimed my damage was already there, she then said "well I barely felt the bump." I really think so many elderly drivers are in DENIAL about not being safe drivers because they just can't admit that they shouldn't be driving. Had a child been walking behind this woman's car when she backed into me, she would have killed her. "

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tangirl30 wrote on Jul 2, 2009 9:29 PM:

" No one else is making this an age issue but the accused. If this guy said he didn't hit the kid and the kid went to the hospital. He did not make up the injury. If it was a younger person they would have done a sobriety test. The old man should pay attention to what he is doing before he kills someone or himself!!!!! "

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playtowin wrote on Jul 2, 2009 4:14 PM:

" "do you know in NA the Fire Dept and EMT are one group?"

and your point? is it HA HA you said they were different the 85 yr must not have backed into him... "

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realist wrote on Jul 2, 2009 3:48 PM:

" playtowin -- do you know in NA the Fire Dept and EMT are one group? Since driver's age is the hot issue of the month one has to wonder if they see an old person and err on the side of caution and have the registry pull his license (the town cannot afford another law suit).
I don't often get to play devil's advocate but there are plenty of accidents that involve drivers between the ages of 20 and 55 and yet their demographics are seldom in the headline.
My car was backed into on a bright sunny day in an open parking lot by a driver who was 49 at the time. I don't recall anyone yelling about his age.
Can't we just treat this as an accident and let the court decide the fate? "

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Big Red 1 wrote on Jul 2, 2009 1:52 PM:

" Mr. Perry,
With all respect sir it's probably time to give up the license. Enough with the bias talk, that's the AARP talking. "

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playtowin wrote on Jul 2, 2009 12:58 PM:

" "realist" KyraSkye may not have been there but you know who was there? The North Attleboro Police, NA EMT's and NA Fire Department. My guess is the those three very qualified groups saw enough to believe the boy was hit and the driver was an "Immediate Threat" as revoked his privilage to drive. Yes there are two side to every story thats why the Police are involved as the impartial third pary. "

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realist wrote on Jul 2, 2009 12:35 PM:

" KyraSkye -- you were there? I wonder if there is any video from the mall parking lot?
There are two sides to every story. "

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KyraSkye wrote on Jul 2, 2009 12:32 PM:

" I say everyone get tested every 2 years- that way the elderly have nothing to complain about- There is no bias or discrimination.
Or
Make the elderly pass a medical test every year- during the annual physical and have the doctor sign off saying that they are still able to drive safely.

Denial is not a river in Egypt! He pinned a kid and is denying he did it?
Why would they say he did it if he didn't? Did they know him prior to the incident? Did they hold a grudge against him? Did they even know that he was there- (other than noting he was in a moving vehicle to allow him the space to move out?) or pay attention to who was driving the car until after he hit the kid??

Where is the accountability? He needs to bite the bullet and take it like a man- admit he did it and move on!!!! "

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RLincoln wrote on Jul 2, 2009 12:04 PM:

" Injury or death is a 'hardship' for the unwitting pedestrian. "

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mia wrote on Jul 2, 2009 11:46 AM:

" Denial can be a dangerous thing... "

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