New York State In-depth

Filing: Lawsuit against Suffolk in fatal Quogue crash

The father of two Manhasset Uber passengers who died in a frontal wreck in Quogue this summer, which also killed three others, plans to sue Suffolk County for up to $ 40 million, according to a court file.

The litigation blames the county for poor pavement design and lack of necessary maintenance on a stretch of road that is allegedly known for accidents. The papers filed by the Garden City law firm Sullivan Papain Block McGrath Coffinas & Cannavo are what is known as a lawsuit, the first step required before the government is sued.

The 10-page legal file was dated earlier this month and includes the police report. As plaintiff, James Patrick Farrell Sr. cites the injuries, suffering, loss and funeral expenses for his sons James Patrick Farrell Jr., 25 and Michael O’Brien Farrell, 20.

Michael Farrell played lacrosse at Manhasset High School in 2018. Photo credit: James Escher

Both men died in the accident on July 24 at around 11:15 p.m. when a Nissan Maxima owned by Justin B. Mendez, 22, of Shirley, crossed the center line along a curve and hit the Uber, a Toyota Prius, head-on.

“For years the COUNTY OF SUFFOLK and its engineering department have not acted proactively against the dire condition of their roads, particularly the Montauk Highway,” the file said. “The COUNTY OF SUFFOLK claims its roads are ‘not that bad’ while Suffolk Counties know better.

James Farrell shown in 2014.
James Farrell shown in 2014. Photo credit: James Escher

Among other allegations, the newspapers said the county failed to install a barrier known as the “jersey barrier” between both sides of the traffic, which allegedly could have prevented the type of crossover that occurred in the accident; reduce the degree of curvature along this stretch of road; and include a “safe zone” for drivers. The papers also state that the county should have installed appropriate lights, warnings, and signs.

Mendez, Farhan Zahid, 32, the Uber driver and a married Bay Shore father of three, as well as another of his passengers, Ryan J. Kiess, 25, from Manhasset, were also killed in the crash when the Prius headed East was County Road 80 in Quogue, also known as the Montauk Highway. Brianna M. Maglio, 22, a passenger on the Uber, was the only survivor of the crash.

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The Quogue police chief said Mendez had driven at least 55 mph in a 40-mile zone. According to the chief, a police officer tried to overtake him shortly before the crash.

A GoFundMe set up for the Uber driver’s family has raised $ 468,210 from 5,700 donors, according to the website.

Farrell declined to comment through one of his lawyers, Robert G. Sullivan.

Kurt Kiess, father of Ryan Kiess, 25, said he agreed with the Farrell family’s allegations in the lawsuit. He said Maglio is being hospitalized in critical condition.

The others’ families were not immediately available for comment.

An email to the Suffolk County Executive’s office on Tuesday morning was not immediately replied to.

Matthew Chayes, Newsday reporter since 2007, covers New York City Hall.

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