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Notice Of Claim Filed Against Village, Town, County And State For July Accident On County Road 39

Publication: The Southampton Press
By Shaye Weaver   Nov 16, 2012 5:19 PM
Nov 19, 2012 2:58 PM

A Bridgehampton couple has filed notices of claim against Southampton Village, the Town of Southampton, Suffolk County and the State of New York in connection with an accident in July that snarled traffic throughout the South Fork for more than six hours.

Raymond and Jean Worsdale, who were involved in the July 24 crash on County Road 39 near the Lobster Inn, filed the claim in anticipation of a possible lawsuit that could be brought against them by the other driver in the accident, Benjamin Maisonave Jr. of Coram, according to the Worsdales’ attorney, Paul A. Fino Jr. of the Mineola-based law firm White Fleischner & Fino.

Having to file any notice of claim within 90 days of the date of the accident, Mr. Fino said he advised the Worsdales to file in order to “protect their interests” in the event that Mr. Maisonave decides to sue.

The Worsdales were in a 2012 Mercedes-Benz eastbound on County Road 39 near Inlet Road when they were involved in a head-on collision with Mr. Maisonave, who was driving a Crown Sanitation garbage truck. Mr. Worsdale, who was driving, suffered serious injuries and had to be extracted from his vehicle by members of the Southampton Fire Department, and was airlifted to Stony Brook University Medical Center. Mr. Maisonave refused medical treatment at the scene.

The preliminary action was taken in case “something turns up in the next year or two that one of the involved municipalities is found to be responsible for something that caused or contributed to the accident, and a lawsuit is warranted,” Mr. Fino said.

The notice of claim is for personal injuries, pain and suffering, medical and other expenses, loss of earning and loss of enjoyment of life arising out of the accident that took place “in part as a result of the carelessness, negligence and recklessness” of the defendant.

Southampton Village Attorney Richard DePetris declined to comment on the suit, saying he has not yet seen it. Southampton Town Attorney Tiffany Scarlato did not return calls seeking comment.

Mr. Fino said he doesn’t know if there is any merit to the suit, but that filing the notice of claim was just a preliminary move that would prevent the Worsdales from being barred from filing a lawsuit in the future.

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Why Southampton Village? The accident was not in the village.
By metsfan2 (32), southampton on Nov 19, 12 3:28 PM
This makes no sense... the only people who could possibly be at fault are the county - as it's their road. How would the Town/village be to blame?!
By Nature (2590), Hampton Bays on Nov 19, 12 3:53 PM
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