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  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
  • Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy Grabina A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLY,, Joelle Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI v. Ultimate Class Limousine, Inc., Carlos F Pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Tort document preview
						
                                

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FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN DECEASED; Index No: 0611214/2015 OLGA LIPETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE OF AMY GRABINA, AND MINDY GRABINA INDIVIDUALLY; STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE OF LAUREN BARUCH; STEVEN BARUCH INDIVIDUALLY; JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR A. BELLI, JR., AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED AND AS ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, AMENDED VERIFIED BILL OF Plaintiffs, PARTICULARS AS TO ROMEO DIMON -against- MARINE SERVICES ULTIMATE CLASS LIMOUSINE, INC., CARLOS F. PINO, ROMEO DIMON MARINE SERVICES, INC., STEVEN D. ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE and “XYZ COMPANIES 1-5" name being fictitious but intended to be the remanufactures, distributors and/sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. ----------------------------------------------------------------------X The plaintiff, Joelle Dimonte, by her attorneys, the Pegalis Law Group, LLC, as and for her Amended Verified Bill of Particulars, pursuant to CPLR 3042(b), in response to the demand of defendant, Romeo Dimon Marine Service, Inc., respectfully alleges as follows upon information and belief: 1. The occurrence took place on July 18, 2015, in the afternoon of that day. 2. Objected to as evidentiary in nature. Without waiving this objection, or its effectiveness -1- 1 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 at the time of trial, it is claimed, upon information and belief, that the vehicle owned by the defendant, Romeo Dimon Marine Service, Inc., and operated by the defendant, Steven Romeo, came into contact with a vehicle owned by the co-defendant, Ultimate Class Limousine, Inc., and operated by the co-defendant, Carlos Pino, at the intersection of County Route 48 and Depot Lane, in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. It is claimed that, as a result of the contact, the occupants of the Ultimate Class vehicle (a stretch limousine), including the plaintiff, Joelle Dimonte, were injured, and that four of those occupants were killed. 3. The location of the occurrence was on a public highway known as County Route 48 (Middle Road) at its intersection with Depot Lane, in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, State of New York. 4. It is alleged that the defendant, Romeo Dimon Marine Service, Inc., through its agents, servants and employees, including the co-defendant Steven Romeo, was negligent: ! in failing to use reasonable care in entrusting to or leaving in the possession of the co- defendant, Steven Romeo, a pickup truck motor vehicle; ! in creating an unreasonable risk of harm to the plaintiff who was a passenger in the defendant, Ultimate Class Limousine, Inc.'s, vehicle; ! in failing to use reasonable care which a reasonably prudent owner of a motor vehicle would use under the same circumstances. ! in failing to operate its vehicle in a careful and prudent manner; ! in failing to yield the right of way to oncoming traffic in complete of the plaintiff's safety; ! in operating its vehicle at an excessive rate of speed under the circumstances; ! in failing to decelerate when approaching the intersection; ! in operating its vehicle while impaired by alcohol; ! in operating its vehicle while intoxicated by alcohol; -2- 2 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 ! in failing to make alternative maneuvers in order to avoid a collision; ! in failing to keep a lookout; ! in failing to observe the oncoming vehicle operated by the co-defendant, Carlos Pino; ! in failing to observe the traffic conditions; ! in failing to maintain an adequate lookout or observation of the prevailing circumstances; ! in failing to maintain an adequate lookout or observation of the prevailing circumstances, including the approach and maneuvers of the vehicle operated by the co-defendant, Carlos Pino; ! in failing to maintain proper control of its vehicle; ! in failing to sound the horn; ! in operating its vehicle without appropriate training and/or experience; ! in failing to stop its vehicle before colliding with co-defendant, Carlos Pino’s, vehicle; ! in failing to avoid a collision with Carlos Pino’s vehicle; ! in failing to observe the applicable rules of the road; ! in operating the motor vehicle at an unlawful rate of speed for the circumstances then and there existing; ! in failing to yield the right of way to oncoming traffic on the roadway in disregard of the plaintiff's safety; ! in failing to maintain an adequate lookout for other vehicles traveling on the roadway or observation of the circumstances then and there prevailing, including the vehicle operated by the co-defendant, Carlos Pino; ! in failing to maintain proper control of its vehicle; ! in operating its vehicle in the disregard of the safety of the plaintiff's safety; ! in failing to stop its vehicle before colliding with co-defendant Pino's vehicle; ! in failing to observe rules of the road and the provisions of the Vehicle and Traffic Law -3- 3 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 of the State of New York applicable to such situations; ! in failing to operate its vehicle at a careful and prudent rate of speed under the circumstances then and there prevailing; ! in failing to operate its vehicle at a careful and prudent manner so as to avoid the happening of the collision with the co-defendant, Carlos Pino's, motor vehicle; ! in failing to observe the applicable provisions of the New York Vehicle and Traffic Law. 5. The plaintiff has insufficient information to state whether it is claimed that the defendant’s vehicle was defective. 6. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, upon information and belief, the front of defendant Romeo Dimon’s vehicle, a pickup truck, came into contact with the right side of the defendant Ultimate’s vehicle, a limousine, and penetrated into the cabin of that vehicle. 7. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, upon information and belief, the vehicle in which the plaintiff was a passenger had been traveling in the eastbound direction of County Road 48, and was in the process of making a U-turn at the intersection of County Road 48 and Depot Lane. Upon information and belief, the other vehicle was traveling in the westbound direction of County Road 48. 8. Not applicable. 9. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, upon information and belief, there was a blinking traffic light at the intersection. 10. Objected to as an improper demand in a demand for a bill of particulars. 11. Objected to as an improper demand in a demand for a bill of particulars. Notwithstanding this objection, and without waiving its effect at trial, plaintiff is not aware at this time of the identity all the witnesses to incident other than the surviving passengers of the limousine, -4- 4 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 the operator of the limousine, defendant, Carlos Pino, and the operator of the pickup truck, defendant, Steven Romeo. 12. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, upon information and belief, there was a blinking traffic light at the intersection. 11. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, the plaintiff asserts that identity of all damages witnesses, including those witnesses who may be called to testify at trial, are unknown to the plaintiff at this time. Damage witnesses may include, but are not limited to, the plaintiff, the other surviving passengers in the limousine, and the plaintiff’s treating and examining physicians. 12. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, the plaintiff asserts, upon information and belief, that (a) The owner of the pickup truck is Defendant, Romeo Dimon Marine Service, Inc. The owner of the limousine is defendant, Ultimate Class Limousine, Inc. (b) The operator of the pickup truck was the defendant, Steven Romeo. The operator of the limousine was the defendant, Carlos Pino. (c) The license plate number of the limousine was N102124C. The license plate number of the pickup truck was EFC3050. 13. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, upon information and belief the plaintiff was not wearing a seat belt. 14. Objected to as evidentiary in nature. Notwithstanding this objection, and without waiving its effect at trial, upon information and belief the plaintiff was sitting in the back of the limousine on the driver’s side. 15. The plaintiff is not making a claim for damage to a vehicle. -5- 5 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 16. The plaintiff is not making a claim for damage to a vehicle. 17. The plaintiff is not making a claim for damage to a vehicle. 18. The plaintiff is not making a claim for damage to a vehicle. 19. The plaintiff is not making a claim for damage to a vehicle. 20. The plaintiff is not making a claim for damage to a vehicle. 21. The plaintiff is not making a claim for damage to a vehicle. 22 - 23 Please refer to the responses to item 12. 24. The plaintiff claims that all of her injuries are serious injuries as defined in subsection (d) of Section 5102 of the Insurance Law of the State of New York, in that the plaintiff has suffered fractures; significant permanent loss of use of a bodily organ, member, function or system; permanent consequential limitation of use of a bodily organ or member; significant limitation of use of a bodily organ or member; significant limitation of use of a bodily function or system; permanent significant scarring in her eye. The serious injuries, as presently known, are multiple rib fractures; a right hip sprain, a laceration to her left elbow which required sutures (on July 18, 2015); sprains in her right elbow, right shoulder, and in her cervical, thoracic and lumbar spine, resulting in pain in her neck, mid-back, low back, right shoulder, right elbow and right hip that interfere with daily living and require physical therapy. The serious injuries further include a serious permanent eye injury, requiring surgery and which will require surgery in the future. The eye injury results in a permanent and uncorrectable impairment to visual acuity. The plaintiff has an 8-9 mm scar on the surface of her right eye, as well as a developing cataract which will likely require cataract surgery in the future. She will also require removal of the sutures. The plaintiff has also been diagnosed with post-traumatic stress disorder (PTSD), as well as anxiety and depression, directly related to the accident and the carnage the accident produced. She will require long-term follow up care by an -6- 6 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 ophthalmologist, by physical therapists and by mental health professionals. 25. a. As a result of the defendant’s negligence, the plaintiff, Joelle DiMonte, was caused to sustain severe and permanent injuries. Ms. Dimonte sustained a severe physical traumatic injury which resulted in multiple rib fractures, a right hip sprain, a laceration to her left elbow which required sutures (on July 18, 2015), a right elbow sprain, a right shoulder sprain and sprains in her cervical, thoracic and lumbar spine. As a result of the trauma, she experiences pain in her neck, mid- back, low back, right shoulder, right elbow and right hip. Her low back pain radiates to her thighs. She requires physical therapy for her injuries. Ms. DiMonte also sustained a significant injury to her right eye in the form of an 8-9 mm corneal laceration. The laceration was surgically repaired (on July 19, 2015) and stitches were put in her eye. She will require removal of the sutures. She sustained a permanent impairment of visual acuity in the right eye. The impairment cannot be fully corrected. As a result of the injury, Ms. DiMonte has a 8-9 mm scar. As a result of the eye injury, Ms. DiMonte has a developing cataract in the right eye which will worsen over time and it is anticipated that she will need additional surgery to repair the damage. As a result of the accident, moreover, her contact lens was propelled behind her eye and had to be removed with surgical instruments. She has difficulty driving at night due to glare. She will require long-term follow up care by an ophthalmologist. As a result of the accident, moreover, Ms. Dimonte has sustained psychological and emotional injuries, stemming from the accident and stemming from the fact that four of her friends, including her closest friend, were killed in the accident, and other friends were injured. She has been diagnosed with post traumatic stress disorder, increased anxiety and depression as a result of the accident, and has required and will continue to require mental health therapy. -7- 7 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 The plaintiff’s injuries are both physical and psychological. Ms. Dimonte sustained a rupture of the globe of her right eye, laceration of her right eye, fractured ribs, sprains to her cervical, thoracic and lumbar spine, a sprained right shoulder and elbow and a sprained right hip, a laceration of the left elbow, and profound psychological and emotional trauma. She was hospitalized from July 18 through July 20, 2015, at Peconic Bay Medical Center. She underwent emergency eye surgery there to treat a corneal laceration and ruptured globe in the right eye, and has come under the care of an ophthalmologist, Dr. Daniel Hamou of East End Eye Associates. She required an artificial lens. She has difficulty driving at night. As a result of the penetrating injury to the right eye, she developed anisometropia (cataract development due to significant imbalance in refraction) in the left eye, which required the implant of an artificial lense in that eye in 2017. Since then, she has had additional eye surgeries (most recently in February, 2020) and will require surgical correction (and replacement of the artificial lenses) throughout her life. Since the accident, she has had over 30 follow up visits with her ophthalmologist and will require a lifetime of constant monitoring. As a result of the traumatic injury, she is in life-long danger of developing early cateracts and glaucoma in the right eye. Ms. Dimonte has required extensive physical therapy and has never overcome the results of her physical injuries. She continues to suffer from pain in her neck, mid-back, low back, right shoulder, right elbow and right hip. Her low back pain radiates to her thighs. Ms. Dimonte sustained psychological and emotional injuries, stemming from the horrific nature of the accident and from the fact that she witnessed four of her friends, including her closest friend, killed in the accident, and three others severely injured, exacerbated by the relentless legal and media aftermath of the accident. She has been diagnosed with post traumatic stress disorder (PTSD) with serious anxiety and depression, is under the care of a therapist and takes anti depressant -8- 8 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 medication. As a result of the occurrence, she suffers from anxiety and depression, feelings of unworthiness, survivor’s guilt, nightmares, flashbacks, panic attacks, uncontrollable sadness and fatigue. b. All injuries are claimed to be permanent or to have permanent sequella. c. As a result of the accident, the plaintiff’s social sphere contracted and she rarely leaves the house except for work. d. The amounts claimed for special damages cannot be fully stated at this time. To the extent that medical expenses are known at this time, they are set forth on a rider to this bill of particulars. The plaintiff will update this response and information becomes available. 26. The plaintiff was hospitalized for one day at: Peconic Bay Med Center 1300 Roanoke Avenue Riverhead, NY 11901 27. The plaintiff has been treated by: Dr. Steven Wishner 180 East Pulaski Road Huntington Station, NY 11746 Dr. Susanna Cooperman Huntington Medical Group 180 East Pulaski Road Huntington Station, NY 11746 Daniel Hamou, MD Eric Vinokur, MD East End Eye Associates 937 East Main Street Riverhead, NY 11901 Lino Chuang Excellent Choice Physical Therapy, P.C. 180 East Pulaski Road Huntington Station, NY 11746 -9- 9 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 28. a. The plaintiff’s employer at the time of the accident was: Outreach House 400 Crooked Hill Road Brentwood, New York b. The plaintiff was employed at the time of the accident as a substance abuse counselor. c. The plaintiff was employed at the time of the accident as a substance abuse counselor d. Not applicable. e. The plaintiff lost two weeks of work. f. The plaintiff’s annual salary is approximately $35,000. g. Not applicable. 29. The amounts claimed for special damages cannot be fully stated at this time. To the extent that medical expenses are known at this time, they are set forth on a rider to this bill of particulars. The plaintiff will update this response and information becomes available. 30. Objected to as improper in a demand for a bill of particulars. 31. The plaintiff will ask the court to take judicial notice of all applicable laws, statutes, regulations, rules and ordinances that the defendants violated upon the trial of this action, or that are otherwise implicated in this matter. The identity of the statutes, regulations, rules, ordinances or other laws violated by Steven Romeo, Romeo Dimon Marine Services, Inc., or otherwise implicated in the liability of these defendants, cannot be fully stated at this time, but includes the following section of the New York State Vehicle and Traffic Law: §§ 388, 1100, 1101, 1110, 1111, 1111-a, 1113, 1140, 1141, 1143, 1160(b), 1161, 1163, 1175, 1180, 1180-a, 1180-b, 1192, 1212, 1225-c, 1225-d & 1226. The plaintiff reserves the right to update this response. -10- 10 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 32. The plaintiff’s address at the time of the accident was 540 Lefferts Avenue, Elwood, New York 11731. The plaintiff declines to provide a date of birth or social security number in this Bill of Particulars, but will provide same under separate cover if necessary to obtain pertinent records. 33. Not applicable. 34. The plaintiff declines to provide a copy of her ID in this Bill of Particulars. Dated: Lake Success, New York April 21, 2022 PEGALIS LAW GROUP, LLC _________________________ By: Gary Nielsen, Esq. Of Counsel Attorneys for Plaintiff Joelle Dimonte One Hollow Lane Suite 107 Lake Success, New York 11042 516.684.2900 TO: JOHN L. JULIANO, ESQ. Attorneys for Plaintiff Suzanne Schulman, as Administratrix of the Estate of Brittney M. Schulman Deceased 39 Doyle Court E. Northport, New York 11731 631.499.9300 JOSEPH J. TOCK, ESQ. Attorney for plaintiff Melissa A. Crai One Mahopac Plaza Mahopac, New York 10541 914.628.8080 -11- 11 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place, Ste 205 Garden City, New York 11530 516.741.4170 SULLIVAN PAPAIN BLOCK MCGRATH Attorneys for Plaintiff Steven Baruch, as Administrator of the Estate of Lauren Baruch, and Steven Baruch Individually 1140 Franklin Avenue-ste.200 Garden City, New York 11530 516.742.0707 PARIS & CHAIKIN, PLLC Attorneys for Plaintiff Olga Lipets 14 Penn Plaza, Suite 2202 New York, New York 10122 212.742.0476 FRANK J. LAINE, P.C. Attorneys for Plaintiff Mindy Grabina, as Administratrix of the Estate of Amy Grabina, and Mindy Grabina Individually 449 South Oyster Bay Road Plainview, New York 11803 516.937.1010 BLOCK O'TOOLE & MURPHY, ESQS. Attorneys for Plaintiff Arthur A. Belli, Jr., as Parent and Natural Guardian of Stephanie Belli, Deceased and as Administrator of the Estate of Stephanie Belli One Penn Plaza, Ste 5315 New York, New York 10119 212.736.5300 -12- 12 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 BONGIORNO MONTIGLIO & PALMIERI Attorneys for Defendants Ultimate Class Limousine, Inc. and Carlos Pino 200 Old Country Road, Ste 680 Mineola, New York 11501 516.849.7565 CASCONE & KLUEPFEL, LLP Attorneys for Defendant Romeo Dimon Marine Services, Inc. 1399 Franklin Avenue, Ste 302 Garden City, New York 11530 516.747.1990 LEWIS JOHS AVALLONE AVILES Attorneys for Defendant Steven D. Romeo One CA Plaza, Ste 225 Islandia, New York 11749 631.755.0101 VINCENT D. MCNAMARA, ESQ. Attorney for Defendant County of Suffolk 1045 Oyster Bay Rd, Suite 1 East Norwich, New York 11732 516.922.9100 THOMAS M. VOLZ, PLLC Attorneys for Defendant Town of Southold 280 Smithtown Blvd. Nesconset, New York 11767 631.366.2700 LAW OFFICE OF ANDREA G. SAWYERS Attorneys for Defendant Cabot Coach Builders, Inc., d/b/a Royale Limousine 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 631.501.3100 -13- 13 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 ATTORNEY’S VERIFICATION Gary Nielsen, Esq, an attorney duly admitted under the laws of the State of New York, affirms under the penalties of perjury, pursuant to CPLR 2106: 1. I am of counsel to the Pegalis Law Group, LLC, the attorneys for the plaintiff, Joelle DiMonte. 2. I have read the foregoing Amended Verified Bill of Particulars and know its contents. The same is true to my knowledge, except to those matters herein stated to be alleged on information and belief, and as to those matters I believe it to be true. 3. The reason this verification is made by me and not by Ms. DiMonte is that the plaintiff does not reside in the county in which I have my office. 4. The grounds of my belief as to all matters not stated upon my own knowledge are conversations with the plaintiff and a review of relevant records. ______________________ Gary Nielsen, Esq. -14- 14 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 07:40 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 860 RECEIVED NYSCEF: 04/21/2022 RIDER TO VERIFIED BILL OF PARTICULARS Dimonte v. Ultimate Class Limousine, Inc., et.al. Index No.: 603536/2016 April 21, 2022 PROVIDER COST INSURANCE PAID BY CLIENT Peconic Bay Medical Center * * * 1300 Roanoke Avenue Riverhead, NY 11901 Dr. Steven Wishner * * * Huntington Medical Group 180 East Pulaski Road Huntington Station, NY 11746 Dr. Susanna Cooperman * * * Huntington Medical Group 180 East Pulaski Road Huntington Station, NY 11746 Daniel Hamou, MD * * * Eric Vinokur, MD East End Eye Associates 937 East Main Street Riverhead, NY 11901 Lino Chuang * * * Excellent Choice Physical Therapy, P.C. 180 East Pulaski Road Huntington Station, NY 11746 * Based on currently available information. All amounts recited are subject to revision. The plaintiff reserves the right to update the response as further information becomes available. -15- 15 of 15