Preview
FILED: SUFFOLK COUNTY CLERK 04/21/2022
05/31/2022 07:40
11:50 PM
AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 863
878 RECEIVED NYSCEF: 04/21/2022
05/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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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 THE COUNTY
-against- OF SUFFOLK
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.
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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, the County of Suffolk, respectfully alleges as follows upon information and belief:
1. The occurrence took place on July 18, 2015, in the afternoon of that day
2. The accident took place 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
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Suffolk, State of New York.
3. It is claimed that the County of Suffolk had constructive and actual notice for an
extended period of time prior to this occurrence, including, but not limited to, written notice, that
the intersection was unreasonably dangerous and not reasonably safe for occupants in a vehicle
making a u-turn on CR 48, or a left turn from CR 48, at its intersection with Depot Lane, and in
failing to remedy such dangerous conditions prior to the occurrence even though the defendant had
a reasonable and ample opportunity to do so. Upon information and belief, the Town of Southold
Police Department had previously issued summonses to limousine drivers making the u-turn at the
intersection of County Road 48 and Depot Lane prior to the incident, and this would be record notice
of the condition and of the fact that limousines made dangerous turns at the intersection. It is further
claimed that there was notice, in both government filings and in publications available to the County
of Suffolk, that there were dangerous traffic conditions in the area of the intersection due to the
volume, and nature, of traffic generated by Vineyard 48, and other attractions in the area. It is
further claimed that there was in existence a County roadway safety plan, which included an
upgraded traffic light for the intersection, but that no action had been taken prior to the incident.
Published reports indicate that, in May of 2015, County Legislator Al Krupski had requested that
the County Department of Public Works investigate safety concerns about the intersection after a
constituent raised the issue with him, and that as of May of 2015, the County had already completed
studies for the light and determined that it was needed. To the extent that the demand seeks
production of copies of “written notice”, the demand is objected to. Upon information and belief,
written notice is in the possession of the defendant.
It is further alleged that the County of Suffolk had been requested by the Town of Southhold
to conduct a traffic study for the express purpose of installing a traffic light at the intersection, and
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that the County unreasonably delayed in conducting that study. The County unreasonable delayed,
moreover, in installing the traffic light after it finally approved/recommended the installation.
It is further alleged that the County had actual knowledge of the specific problem at the
intersection, stretch limousines and other large vehicles making dangerous U-turns at the
intersection which could result – as here – in catastrophic motor vehicle accidents, and yet did not
take appropriate or timely action to remedy the situation with an appropriate traffic signal.
It is further alleged that the traffic studies which the County undertook at the intersection wer
improperly done and resulted in incorrect and untimely recommendations.
4. This demand is objected to as inapplicable to this case. It is not claimed that the
plaintiff “fell.”
5. This demand is objected to as apparently inapplicable to this case. Notwithstanding this
objection, and without waiving its effectiveness at trial, it is contended that he intersection of County
Road 48 and Depot Lane, in the Town of Southold, was in a dangerous condition. It is claimed that
the intersection lacked a full traffic control signal light in place, failed to have stop signs; failed to
have appropriate traffic control signs in place prohibiting motorists on CR 48 from making a u-turn
at its intersection with Depot Lane; improperly permitted u-turns by oversized vehicles; failed to
have a posted warning for eastbound motorists at the intersection of County Road 48 and Depot
Lane to yield to oncoming traffic when making a left hand turn at the intersection; failed to have a
No U-Turn sign on CR 48; failed to have appropriate speed limits; was unreasonably dangerous; and
that there was no adequate roadway safety plan in effect or operation at the time of the accident.
6. This demand is objected to as inapplicable to this case. It is not claimed that the plaintiff
fell or tripped in a hole or defect in the roadway.
7. It is claimed that the defendant, the County of Suffolk, through its agents, servants and
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employees, was negligent:
! in failing to have a full traffic control signal light in place at this intersection;
! in failing to have a full traffic control signal light in place at this intersection,
including a dedicated left-turn arrow;
! in failing to have stop signs at this intersection;
! in failing to implement safe and appropriate traffic engineering standards;
! in failing to have appropriate traffic control signs in place prohibiting
motorists on CR 48 from making a u-turn at its intersection with Depot Lane;
! in failing to have appropriate traffic control signs in place prohibiting
motorists on CR 48 from making a u-turn at its intersection with Depot Lane;
! in causing, permitting, and allowing motorists to make a u-turn on CR 48,
including from an eastbound to a westbound direction, at its intersection with
Depot Lane;
! in causing, permitting, and allowing the driver of the limousine in which
Joelle DiMonte was a passenger to attempt to make a dangerous and unsafe
u-turn from an eastbound to a westbound direction on CR 48 at its
intersection with Depot Lane;
! in failing to timely install an effective traffic control device at the
intersection of CR 48 and Depot Lane;
! in having an ineffective traffic control device (a blinker) at the intersection
of CR 48 and Depot Lane;
! in failing to post a No U-Turn sign on CR 48;
! in failing to take steps to implement appropriate remedies, including traffic
control devices, speed limits, and warnings, needed to render the intersection
of CR 48 and Depot Lane reasonably safe for motorists and their passengers;
! in failing to take appropriate and timely notice that u-turns at the intersection
of CR 48 and Depot Lane were unreasonably dangerous and created an
unreasonable risk of serious injury and/or death to motorists and their
passengers;
! in failing to heed the warnings and notices provided by the Town of
Southhold, individual residents of the Town of Southhold, and public
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officials including County Legislators, the Town of Souhhold Supervisor, the
Town of Southhold Chief of Police, and the Town of Southhold
Transportation Commission;
! in failing to implement appropriate remedies, including traffic control
devices, speed limits, and warnings, needed to render the intersection of CR
48 and Depot Lane reasonably safe for motorists and their passengers.
! in failing to take appropriate actions despite the fact that the defendant had
constructive and actual notice for years prior to this occurrence, including,
but not limited to written notice, that the intersection was unreasonably
dangerous and not reasonably safe for occupants in a vehicle making a u-turn
on CR 48, or a left turn from CR 48, at its intersection with Depot Lane, and
in failing to remedy such dangerous conditions prior to the occurrence even
though the defendant had a reasonable and ample opportunity to do so;
! in failing to timely implement an existing plan to install a traffic control
device at the intersection of CR 48 and Depot Lane;
! in failing to post a warning for eastbound motorists at the intersection of
County Road 48 and Depot Lane to yield to oncoming traffic when making
a left hand turn at the intersection;
! in failing to take timely and appropriate corrective action, despite being on
notice of that fact that CR 48 was too narrow, at and about its intersection
with Depot Lane, for large vehicles, including, but not limited to limousines,
to make a u-turn in a reasonably safe and proper manner, thereby
unreasonably exposing occupants of such vehicles to serious injury and/or
death;
! in failing to take timely and appropriate corrective action, despite being on
notice of that fact that CR 48 was a high-speed road with many vehicles
routinely traveling at or in excess of the speed limits and that u-turns by large
vehicles, including limousines, were dangerous and were frequently taking
place at the intersection of CR 48 and Depot Lane;
! in failing to take timely steps to remedy the dangerous conditions on County
Road 48, on Depot Lane and at their intersection, thereby creating an
unreasonable risk of a crash occurring such as occurred here;
! in failing to execute a roadway safety plan;
! in exercising a roadway safety plan without adequate study and/or without
a reasonable basis;
! in adopting and implementing an inadequate roadway safety plan;
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! in failing to maintain, operate and control CR 48 in accordance with good
and commonly accepted safe industry and engineering standards and
practices in effect at, and prior to, the time of the subject occurrence;
! in failing to maintain, operate and control Depot Lane in accordance with
good and commonly accepted safe industry and engineering standards and
practices in effect at, and prior to, the time of the subject occurrence;
! in failing to implement studies concerning the traffic control movement on
CR 48 at and about its intersection with Depot Lane;
! in incorrectly and negligently conducting studies concerning the traffic
control movement on CR 48 at and about its intersection with Depot Lane;
! in failing to implement in a timely fashion studies concerning the traffic
control movement on CR 48 at and about its intersection with Depot Lane;
! in being negligent, careless and reckless in the ownership, control, design,
planning, studying, construction, maintenance and repair of the aforesaid
roadway area and its signage, traffic signals, etc. causing Joelle DiMonte to
suffer serious and devastating personal injuries and damage and all of the
sequella thereto.
8. The plaintiff was a passenger in a limousine being driven by the co-defendant, Carlos
Pino. Upon information and belief, the limousine had been traveling eastbound on County Road 48,
and was in the process of making a u-turn at the intersection of County Road 48 and Depot Lane.
9. Objected to. Notwithstanding this objection, and without waiving its effectiveness at the
time of trial, it is alleged, upon information and belief, that in the course of executing the u-turn at
the intersection of County Road 48 and Depot Lane, the limousine in which the plaintiff was a
passenger was struck by a vehicle being driven by the co-defendant, Steven Romeo, and that the
plaintiff sustained her injuries as a result of that impact.
10. The plaintiff’s address at the time of the accident was 540 Lefferts Avenue, Elwood,
New York 11731.
11. The plaintiff declines to provide a date of birth or social security number in this Bill
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of Particulars.
12. 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.
The plaintiff’s injuries are both physical and psychological. Ms. Dimonte sustained a rupture
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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
medication. As a result of the occurrence, she suffers from anxiety and depression, feelings of
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unworthiness, survivor’s guilt, nightmares, flashbacks, panic attacks, uncontrollable sadness and
fatigue.
13. All injuries are claimed to be permanent or to have permanent sequella.
14. The plaintiff was incapacitated from work for two weeks after the incident.
15. As a result of the accident, and its effect on her, the plaintiff’s social sphere contracted
and she rarely leaves the house except for work.
16. At the time of the accident, the plaintiff was employed as a substance abuse counselor
earning approximately $35,000 per year. Her employer was:
Outreach House
400 Crooked Hill Road
Brentwood, New York
17. Not applicable.
18. 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. The
identity of the statutes, regulations, rules, ordinances or other laws violated by the County of
Suffolk, or otherwise implicated in the County’s liability, cannot be fully stated at this time, but
includes the following section of the New York State Vehicle and Traffic Law: §§1110, 1621, 1650,
1651, 1652-a, 1672, 1673, 1674, 1675, 1676, 1677, 1681 and 1682. The plaintiff reserves the right
to update this response.
19. The plaintiff has provided authorizations for collateral source providers under separate
cover. Except for bona fide statutory lien holders, or entities whose lien or subrogation claims are
not prohibited by section 5-535 of the General Obligations Law, the plaintiff makes no claim for
damages for past medical expenses which were paid for by a third-party private provider [collateral
source].
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20. Cannot be stated at this time.
21. Cannot be stated at this time.
22. Objected to as improper in a demand for a bill of particulars.
23. Objected to as improper in a demand for a bill of particulars.
24. The providers who have treated the plaintiff for the injuries sustained include the
following:
Peconic Bay Medical Center
1300 Roanoke Avenue
Riverhead, NY 11901
Dr. Stephen Wishner (primary care)
Huntington Medical Group
180 East Pulaski Road
Huntington Station, NY 11746
Daniel Hamou, MD (ophthalmologist)
Eric Vinokur, MD
East End Eye Associates
937 East Main Street
Riverhead, NY 11901
Susanna Cooperman, MD (psychologist)
Huntington Medical Group
180 East Pulaski Road
Huntington Station, NY 11746
Dr. Eva Chalas
Davis Vision
301 Clay Pitts Road
East Northport, NY 11731
Lino Chuang
Excellent Choice Physical Therapy
180 East Pulaski Road
Huntington Station, NY 11746
Walgreens (pharmacy)
5001 Jericho Tpke.
Commack, NY 11725
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26. 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.
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
BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place, Ste 205
Garden City, New York 11530
516.741.4170
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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
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
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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
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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 toCPLR 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.
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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
Peco
Preview
FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 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 THE COUNTY -against- OF SUFFOLK 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, the County of Suffolk, respectfully alleges as follows upon information and belief: 1. The occurrence took place on July 18, 2015, in the afternoon of that day 2. The accident took place 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 -1- 1 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 Suffolk, State of New York. 3. It is claimed that the County of Suffolk had constructive and actual notice for an extended period of time prior to this occurrence, including, but not limited to, written notice, that the intersection was unreasonably dangerous and not reasonably safe for occupants in a vehicle making a u-turn on CR 48, or a left turn from CR 48, at its intersection with Depot Lane, and in failing to remedy such dangerous conditions prior to the occurrence even though the defendant had a reasonable and ample opportunity to do so. Upon information and belief, the Town of Southold Police Department had previously issued summonses to limousine drivers making the u-turn at the intersection of County Road 48 and Depot Lane prior to the incident, and this would be record notice of the condition and of the fact that limousines made dangerous turns at the intersection. It is further claimed that there was notice, in both government filings and in publications available to the County of Suffolk, that there were dangerous traffic conditions in the area of the intersection due to the volume, and nature, of traffic generated by Vineyard 48, and other attractions in the area. It is further claimed that there was in existence a County roadway safety plan, which included an upgraded traffic light for the intersection, but that no action had been taken prior to the incident. Published reports indicate that, in May of 2015, County Legislator Al Krupski had requested that the County Department of Public Works investigate safety concerns about the intersection after a constituent raised the issue with him, and that as of May of 2015, the County had already completed studies for the light and determined that it was needed. To the extent that the demand seeks production of copies of “written notice”, the demand is objected to. Upon information and belief, written notice is in the possession of the defendant. It is further alleged that the County of Suffolk had been requested by the Town of Southhold to conduct a traffic study for the express purpose of installing a traffic light at the intersection, and -2- 2 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 that the County unreasonably delayed in conducting that study. The County unreasonable delayed, moreover, in installing the traffic light after it finally approved/recommended the installation. It is further alleged that the County had actual knowledge of the specific problem at the intersection, stretch limousines and other large vehicles making dangerous U-turns at the intersection which could result – as here – in catastrophic motor vehicle accidents, and yet did not take appropriate or timely action to remedy the situation with an appropriate traffic signal. It is further alleged that the traffic studies which the County undertook at the intersection wer improperly done and resulted in incorrect and untimely recommendations. 4. This demand is objected to as inapplicable to this case. It is not claimed that the plaintiff “fell.” 5. This demand is objected to as apparently inapplicable to this case. Notwithstanding this objection, and without waiving its effectiveness at trial, it is contended that he intersection of County Road 48 and Depot Lane, in the Town of Southold, was in a dangerous condition. It is claimed that the intersection lacked a full traffic control signal light in place, failed to have stop signs; failed to have appropriate traffic control signs in place prohibiting motorists on CR 48 from making a u-turn at its intersection with Depot Lane; improperly permitted u-turns by oversized vehicles; failed to have a posted warning for eastbound motorists at the intersection of County Road 48 and Depot Lane to yield to oncoming traffic when making a left hand turn at the intersection; failed to have a No U-Turn sign on CR 48; failed to have appropriate speed limits; was unreasonably dangerous; and that there was no adequate roadway safety plan in effect or operation at the time of the accident. 6. This demand is objected to as inapplicable to this case. It is not claimed that the plaintiff fell or tripped in a hole or defect in the roadway. 7. It is claimed that the defendant, the County of Suffolk, through its agents, servants and -3- 3 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 employees, was negligent: ! in failing to have a full traffic control signal light in place at this intersection; ! in failing to have a full traffic control signal light in place at this intersection, including a dedicated left-turn arrow; ! in failing to have stop signs at this intersection; ! in failing to implement safe and appropriate traffic engineering standards; ! in failing to have appropriate traffic control signs in place prohibiting motorists on CR 48 from making a u-turn at its intersection with Depot Lane; ! in failing to have appropriate traffic control signs in place prohibiting motorists on CR 48 from making a u-turn at its intersection with Depot Lane; ! in causing, permitting, and allowing motorists to make a u-turn on CR 48, including from an eastbound to a westbound direction, at its intersection with Depot Lane; ! in causing, permitting, and allowing the driver of the limousine in which Joelle DiMonte was a passenger to attempt to make a dangerous and unsafe u-turn from an eastbound to a westbound direction on CR 48 at its intersection with Depot Lane; ! in failing to timely install an effective traffic control device at the intersection of CR 48 and Depot Lane; ! in having an ineffective traffic control device (a blinker) at the intersection of CR 48 and Depot Lane; ! in failing to post a No U-Turn sign on CR 48; ! in failing to take steps to implement appropriate remedies, including traffic control devices, speed limits, and warnings, needed to render the intersection of CR 48 and Depot Lane reasonably safe for motorists and their passengers; ! in failing to take appropriate and timely notice that u-turns at the intersection of CR 48 and Depot Lane were unreasonably dangerous and created an unreasonable risk of serious injury and/or death to motorists and their passengers; ! in failing to heed the warnings and notices provided by the Town of Southhold, individual residents of the Town of Southhold, and public -4- 4 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 officials including County Legislators, the Town of Souhhold Supervisor, the Town of Southhold Chief of Police, and the Town of Southhold Transportation Commission; ! in failing to implement appropriate remedies, including traffic control devices, speed limits, and warnings, needed to render the intersection of CR 48 and Depot Lane reasonably safe for motorists and their passengers. ! in failing to take appropriate actions despite the fact that the defendant had constructive and actual notice for years prior to this occurrence, including, but not limited to written notice, that the intersection was unreasonably dangerous and not reasonably safe for occupants in a vehicle making a u-turn on CR 48, or a left turn from CR 48, at its intersection with Depot Lane, and in failing to remedy such dangerous conditions prior to the occurrence even though the defendant had a reasonable and ample opportunity to do so; ! in failing to timely implement an existing plan to install a traffic control device at the intersection of CR 48 and Depot Lane; ! in failing to post a warning for eastbound motorists at the intersection of County Road 48 and Depot Lane to yield to oncoming traffic when making a left hand turn at the intersection; ! in failing to take timely and appropriate corrective action, despite being on notice of that fact that CR 48 was too narrow, at and about its intersection with Depot Lane, for large vehicles, including, but not limited to limousines, to make a u-turn in a reasonably safe and proper manner, thereby unreasonably exposing occupants of such vehicles to serious injury and/or death; ! in failing to take timely and appropriate corrective action, despite being on notice of that fact that CR 48 was a high-speed road with many vehicles routinely traveling at or in excess of the speed limits and that u-turns by large vehicles, including limousines, were dangerous and were frequently taking place at the intersection of CR 48 and Depot Lane; ! in failing to take timely steps to remedy the dangerous conditions on County Road 48, on Depot Lane and at their intersection, thereby creating an unreasonable risk of a crash occurring such as occurred here; ! in failing to execute a roadway safety plan; ! in exercising a roadway safety plan without adequate study and/or without a reasonable basis; ! in adopting and implementing an inadequate roadway safety plan; -5- 5 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 ! in failing to maintain, operate and control CR 48 in accordance with good and commonly accepted safe industry and engineering standards and practices in effect at, and prior to, the time of the subject occurrence; ! in failing to maintain, operate and control Depot Lane in accordance with good and commonly accepted safe industry and engineering standards and practices in effect at, and prior to, the time of the subject occurrence; ! in failing to implement studies concerning the traffic control movement on CR 48 at and about its intersection with Depot Lane; ! in incorrectly and negligently conducting studies concerning the traffic control movement on CR 48 at and about its intersection with Depot Lane; ! in failing to implement in a timely fashion studies concerning the traffic control movement on CR 48 at and about its intersection with Depot Lane; ! in being negligent, careless and reckless in the ownership, control, design, planning, studying, construction, maintenance and repair of the aforesaid roadway area and its signage, traffic signals, etc. causing Joelle DiMonte to suffer serious and devastating personal injuries and damage and all of the sequella thereto. 8. The plaintiff was a passenger in a limousine being driven by the co-defendant, Carlos Pino. Upon information and belief, the limousine had been traveling eastbound on County Road 48, and was in the process of making a u-turn at the intersection of County Road 48 and Depot Lane. 9. Objected to. Notwithstanding this objection, and without waiving its effectiveness at the time of trial, it is alleged, upon information and belief, that in the course of executing the u-turn at the intersection of County Road 48 and Depot Lane, the limousine in which the plaintiff was a passenger was struck by a vehicle being driven by the co-defendant, Steven Romeo, and that the plaintiff sustained her injuries as a result of that impact. 10. The plaintiff’s address at the time of the accident was 540 Lefferts Avenue, Elwood, New York 11731. 11. The plaintiff declines to provide a date of birth or social security number in this Bill -6- 6 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 of Particulars. 12. 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. The plaintiff’s injuries are both physical and psychological. Ms. Dimonte sustained a rupture -7- 7 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 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 medication. As a result of the occurrence, she suffers from anxiety and depression, feelings of -8- 8 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 unworthiness, survivor’s guilt, nightmares, flashbacks, panic attacks, uncontrollable sadness and fatigue. 13. All injuries are claimed to be permanent or to have permanent sequella. 14. The plaintiff was incapacitated from work for two weeks after the incident. 15. As a result of the accident, and its effect on her, the plaintiff’s social sphere contracted and she rarely leaves the house except for work. 16. At the time of the accident, the plaintiff was employed as a substance abuse counselor earning approximately $35,000 per year. Her employer was: Outreach House 400 Crooked Hill Road Brentwood, New York 17. Not applicable. 18. 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. The identity of the statutes, regulations, rules, ordinances or other laws violated by the County of Suffolk, or otherwise implicated in the County’s liability, cannot be fully stated at this time, but includes the following section of the New York State Vehicle and Traffic Law: §§1110, 1621, 1650, 1651, 1652-a, 1672, 1673, 1674, 1675, 1676, 1677, 1681 and 1682. The plaintiff reserves the right to update this response. 19. The plaintiff has provided authorizations for collateral source providers under separate cover. Except for bona fide statutory lien holders, or entities whose lien or subrogation claims are not prohibited by section 5-535 of the General Obligations Law, the plaintiff makes no claim for damages for past medical expenses which were paid for by a third-party private provider [collateral source]. -9- 9 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 20. Cannot be stated at this time. 21. Cannot be stated at this time. 22. Objected to as improper in a demand for a bill of particulars. 23. Objected to as improper in a demand for a bill of particulars. 24. The providers who have treated the plaintiff for the injuries sustained include the following: Peconic Bay Medical Center 1300 Roanoke Avenue Riverhead, NY 11901 Dr. Stephen Wishner (primary care) Huntington Medical Group 180 East Pulaski Road Huntington Station, NY 11746 Daniel Hamou, MD (ophthalmologist) Eric Vinokur, MD East End Eye Associates 937 East Main Street Riverhead, NY 11901 Susanna Cooperman, MD (psychologist) Huntington Medical Group 180 East Pulaski Road Huntington Station, NY 11746 Dr. Eva Chalas Davis Vision 301 Clay Pitts Road East Northport, NY 11731 Lino Chuang Excellent Choice Physical Therapy 180 East Pulaski Road Huntington Station, NY 11746 Walgreens (pharmacy) 5001 Jericho Tpke. Commack, NY 11725 -10- 10 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 26. 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. 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 BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place, Ste 205 Garden City, New York 11530 516.741.4170 -11- 11 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 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 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 -12- 12 of 15 FILED: SUFFOLK COUNTY CLERK 04/21/2022 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 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 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 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 toCPLR 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 05/31/2022 07:40 11:50 PM AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 863 878 RECEIVED NYSCEF: 04/21/2022 05/31/2022 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 Peco