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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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SUZANNE SCHULMAN as Administratrix of the Estate of Index No. 611214/2015
BRITTNEY M. SCHULMAN, deceased, ALICIA M. ARUNDEL;
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, deceased and STEVEN BARUCH,
Individually; JOELLE DIMONTE; MELISSA A. CRAI, and
ARTHUR A. BELLI, JR., as Parent and Natural Guardian of
STEPHANIE BELLI, deceased, and as the
Administer of the ESTATE OF STEPHANIE BELLI,
Plaintiffs, STATEMENT OF
MATERIAL FACTS
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and 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 remanufacturers,
distributors and/or sellers of the 2007 Lincoln Town Car
stretch limousine involved in the collision,
Defendants.
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Pursuant to Rule 202.8-g of this Court, the defendant CABOT COACH BUILDERS,
INC., d/b/a ROYALE LIMOUSINE by and through its attorneys, the LAW OFFICE OF ERIC
D. FELDMAN, sets forth the following statement of material facts in support of their Motion for
Summary Judgment herein:
1. On July 18, 2015, at approximately 5:10 p.m. the 2007 Lincoln Town Car
limousine, owned by defendant ULTI MATE CLASS LIMOUSINE, INC. (“ULTIMATE”) and
operated by defendant CARLOS PINO (“PINO”) had eight passengers whose names are
MELISSA CRAI, JOELLE DIMONTE, OLGA LIPETS, ALICIA ARUNDEL, LAUREN
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BARUCH, AMY GRABINA, BRITTNET SCHULMAN and STEPHANIE BELLI. Exhibits A
and B.
2. The Lincoln Town Car had been lengthened by CABOT COACH BUILDERS,
INC., d/b/a ROYALE LIMOUSINE (“CABOT”) prior to the date of the incident under a Ford
Motor Company program known as QVM. Exhibit X, Page 14, lines 18-21; page 18, line 24
through page 19, line 9 and lines 17-20; and page 53, line 21 through page 54, line 3.
3. The limousine had room for 9 to 10 passengers to be located on three seats in the
passenger compartment including a forward-facing rear, a seat located on the driver’s side of the
limousine which was facing the passenger side and a rear facing seat behind the driver’s seat.
Exhibit T, Page 35, line 21-25 and page 36, lines 23 to 25.
4. The forward-facing rear seat had original equipment seat and shoulder belts while
the side facing and rear facing seats had lap belts. Affidavit of Richard Bandstra attached as
Exhibit LL and Exhibit B to said affidavit and New York State Accident Reconstruction report
attached as Exhibit Y.
5. There were seat belt advisory labels on the windows of the doors to enter the
passenger compartment of the limousine. Affidavit of Richard Bandstra attached as Exhibit LL
and Exhibits F, G-1 and G-2 to said affidavit
6. At that time, MELISSA CRAI was located on the passenger side of the front
facing seat and Joelle Dimonte was to her left on the same seat. Affidavit of Richard Bandstra
attached as Exhibit LL and Exhibit B to said affidavit
7. At that time, OLGA LIPETS, ALICIA ARUNDEL and AMY GRABINA were
seated on the side facing seat from back to front. Affidavit of Richard Bandstra attached as
Exhibit LL and Exhibit B to said affidavit
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8. At that time, STEPHANIE BELLI was seated on the passenger side of the rear
facing seat, with BRITTNEY SCHULMAN seated to her right and LAUREN BARUCH toward
the driver’s side of the vehicle. Affidavit of Richard Bandstra attached as Exhibit LL and
Exhibit B to said affidavit
9. At the above-mentioned date and time, there was an accident between the
limousine and a 2005 red Dodge pick-up truck owned and operated by defendant STEVEN
ROMEO (“ROMEO”) at the intersection of CR48 and Depot Lane in the Town of Southold.
Exhibit T, Page 120, lines 9-16 and 128, line 16 through page 129, line 5.
10. There was a blinking yellow light controlling traffic on CR48 at the intersection.
Exhibit U, Page 55, line 13 through page 56, line 10.
11. The limousine had just exited from Vineyard 48 on to eastbound CR48 and was in
the process of making a U-turn so that it could proceed westbound on CR48. Exhibit T, Page 97,
line 24 through page 98, line 6; page 102, lines 15-20; Page 109, line 25 though page 110, Line
6; page 110, line 18 through page 111, line 2; Page 111, lines 24-25; page 117, lines 14-19; Page
120, lines 9-16; and page 128, line 16 through page 129, line 5.
12. The pick-up truck was proceeding westbound on CR48 and ROMEO’s vision of
the traffic heading eastbound was blocked by a vehicle that had entered the westbound left turn
lane at the intersection. Exhibit U, Page 57, line 25 through page 58, line 3 and page 65, lines 4-8
and 12 -15.
13. As ROMEO approached the intersection, he suddenly observed the front bumper
of the limousine and applied his brakes. Exhibit U, Page 215, line 24 through page 216, line 8
and page 63, line 19 through page 65, line 3.
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14. ROMEO’s pick-up truck left tire marks of just under 41 feet in length before the
point of impact. New York State Accident Reconstruction Report attached as Exhibit Y.
15. At impact the front of his pick-up heavily struck the passenger side of the
limousine and pushing it sideways causing extensive damage to the limousine which fell within
two zones: inside and outside a zone of intrusion. Affidavit of Richard Bandstra attached as
Exhibit LL and Exhibit C to said affidavit
16. The New York State Police did an accident reconstruction and determined that the
pick-up truck was proceeding at 57-61 mph at the time its brakes were applied approximately 41
feet from impact and that at impact it was proceeding at 51-56 mph at the time of impact
resulting in it pushing the limousine sideways at a speed of 21-23 mph so that it stopped
approximately 41 feet from the point of impact. New York State Accident Reconstruction Report
attached as Exhibit Y.
17. Greg Stephens performed an accident reconstruction on behalf of CABOT as well
and determined that the speed of the ROMEO vehicle was 50 mph at the time of impact resulting
in a change of velocity of 20 mph to the limousine and its occupants. Exhibit MM.
18. The pick-up truck over-rode the frame of the limousine and came into contact
with the area of the limousine containing the anti-intrusion bar. Exhibit NN
19. The anti-intrusion bar is connected to the pillars of the vehicle on each end by a
bracket. Exhibit NN and OO
20. The anti-intrusion bar and both brackets were bent as a result of the impact and
one of the brackets came off the pillar as a result of the impact. Exhibit NN and OO.
21. As opposed to the claims against the other defendants, the claims against CABOT
sound in crashworthiness which require proof of the nature of each injury sustained because of
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the original incident or accident; the fact that each injury was exacerbated over and above the
injury that would have been received from the original incident or accident; the extent each
injury was enhanced over and above the injury that would have been received from the first
incident or accident; and each specific defect that was a substantial factor resulting in each such
injury exacerbation. Exhibits B, E and F.
22. There are no claims that anything CABOT did caused the incident. Exhibit B, E
and F.
23. The anti-intrusion bar and vehicle revealed that the intrusion bar on the passenger
side and the attachment plates next to it showed deformation in response to the collision which
indicates that they performed their intended function of transferring the force to the pillars and
the vehicle frame as the primary load-bearing structures even given the severity of the
deformation to the pillars and frame. Exhibit OO.
24. The deformation resistance and steel strength of the intrusion bar installed by
Cabot Coach Builders, Inc., was the same as the original equipment in the vehicle before the
vehicle was modified. Exhibit OO.
25. Given the energy of the impact, the intrusion bar as designed by the vehicle
manufacturer would have contributed approximately 1% of the energy absorption of this impact.
Exhibit OO.
26. Any areas on the vehicle where the welds may not have had a complete fusion
had no effect on the outcome. The welds on the frame for the body mounts were intact. Exhibit
OO.
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27. The alleged defects in the welds to the door skin, door frames, rocker panels, etc.
were a consequence of the severity of the impact and not any defective design or manufacture.
Exhibit OO.
28. If the anti-intrusion bar had stayed attached at both ends so that its post collision
deformation matched that of the body structure adjacent to its span, the vehicle’s lateral
deformation would not have exhibited any significant reduction in the occupant compartment
intrusion. Exhibit OO.
29. The pick-up truck impacted the limousine with approximately four times more
energy than Federal Motor Vehicle safety Standards 214D compliant vehicle body structures are
designed to withstand. Exhibit NN.
30. MELISSA CRAI was not seated in the zone of intrusion and sustained physical
injuries primarily to the left side of her body as outlined in her medical records. Affidavit of
Richard Bandstra attached as Exhibit LL.
31. JOELLE DIMONTE was not seated in the zone of intrusion and sustained
physical injuries primarily to the right side of her body as outlined in her medical records.
Affidavit of Richard Bandstra attached as Exhibit LL.
32. OLGA LIPETS was not seated in the zone of intrusion and sustained fractures to
her left mandible, left tibia and fibula and multiple lacerations. Affidavit of Richard Bandstra
attached as Exhibit LL
33. ALICIA ARUNDEL was not seated in the zone of intrusion and sustained
fractures of the left ulnar styloid, left distal humerus (supracondylar) (comminuted) and multiple
lacerations and abrasions. Affidavit of Richard Bandstra attached as Exhibit LL.
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34. LAUREN BARUCH was seated in the zone of intrusion and sustained numerous
injuries including diffuse subdural and subarachnoid hemorrhages, transection of the
pontomedullary junction, Atlanto-Occipital dislocation with secondary hemorrhage and
transection of the thoracic aorta. Affidavit of Richard Bandstra attached as Exhibit LL, Exhibits
F and CC.
35. AMY GRABINA was seated in the zone of intrusion and sustained numerous
injuries including an Atlanto-Occipital dislocation and a transection of the descending aorta.
Affidavit of Richard Bandstra attached as Exhibit LL, Exhibits F and BB.
36. BRITTNEY SCHULMAN was seated in the zone of intrusion and sustained
numerous injuries including transection of the thoracic aorta and diffuse subdural and
subarachnoid hemorrhages. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibits
F and DD.
37. STEPHANIE BELLI was seated in the zone of intrusion and sustained numerous
injuries including full thickness transection of the brainstem, Atlanto-Occipital dislocation, focal
subarachnoid hemorrhage, subscapular hemorrhage over the frontal bone and a fracture of the
hyoid. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibits F and EE.
38. The physical injuries to Melissa Crai and Joelle Dimonte resulted from Joelle
Dimonte not wearing her seat belt, permitting Melissa Crai to come into contact with Joelle
Dimonte at a speed of approximately 20 mph with none of their injuries being enhanced by the
alleged defects in the vehicle. Affidavit of Richard Bandstra attached as Exhibit LL.
39. The physical injuries to OLGA LIPETS and ALICIA ARUNDEL were a result of
the failure of OLGA LIPETS and ALICIA ARUNDEL to use their lap safety restraint with none
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of their injuries being enhanced by the alleged defects in the vehicle. Affidavit of Richard
Bandstra attached as Exhibit LL.
40. The psychological injuries to MELISSA CRAI, JOELLE DIMONTE and
ALICIA ARUNDEL were examined by psychiatrists on behalf of CABOT. Reports attached as a
portion of Exhibits TT through VV.
41. The injuries to LAUREN BARUCH, AMY GRABINA, BRITTNEY
SCHULMAN and STEPHANIE BELLI were caused by acceleration/inertia as well as contact
injuries. Affidavit of Richard Bandstra attached as Exhibit LL.
42. LAUREN BARUCH, AMY GRABINA, BRITTNEY SCHULMAN and
STEPHANIE BELLI experienced forces of approximately 20g’s and if the Lincoln’s side
structures were stiffened per the claims of plaintiffs, the forces would have increased to 60 to
100g’s which, if unbelted, would have led to severe and potentially fatal injuries. Affidavit of
Richard Bandstra attached as Exhibit LL.
43. LAUREN BARUCH, AMY GRABINA, BRITTNEY SCHULMAN and
STEPHANIE BELLI were “black tagged” by the first emergency worker that arrived at the scene
because they were not alive. Exhibit W, page 14, line 14 through page 15, line 9; page 34, line
22 through page 35, line 5 and page 23, lines 7-15
44. No emergency aid was rendered to LAUREN BARUCH, AMY GRABINA OR
BRITTNEY SCHULMAN as they had no pulses. Exhibit W, page 26, lines 3-11
45. One of the emergency workers felt that Stephanie Belli had a weak pulse and had
a couple of agonal breathes. He attempted to establish an airway but was unsuccessful. Exhibit
W, page 21, lines 7-16.
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46. LAUREN BARUCH, AMY GRABINA, BRITTNEY SCHULMAN and
STEPHANIE BELLI were never conscious after the impact. Exhibit PP; Exhibit W, page 20,
line 8 through page 22, line 7; page 34, lines 2-9; and page 35, lines 6-21; Exhibit M, page
48/line 17 through page 51, line 3; Exhibit K, page 22, line 20 through page 24, line 16, page
26, lines 24-27 and page 136, lines 3-9; and Exhibit N, page 102, line 6 through page 104, line
3.
47. No one in the limousine said or did anything that indicated they were aware of the
upcoming impact before the accident occurred. Exhibit M, page 45, lines 14-17, Exhibit T,
page 121, line 13-15, page 125, lines 17-22 ad page 124 lines 14-21; and Exhibit N, page 63,
lines 16-18.
48. The physical injuries that were sustained by the 8 passengers resulted from the
severity of the crush and their bodies resulting reactions and movement as a result of not being
anchored or belted to their seat and are not in any way attributable to any alleged defect in the
redesign, remanufacture or reassembly of the limousine. Affidavit of Richard Bandstra attached
as Exhibit LL.
49. The psychological injuries claimed by MELISSA CRAI, JOELLE DIMONTE
and ALICIA ARUNDEL are not capable of being segregated or parsed out between the impact
and any alleged defect thereby preventing proof being presented of what portion of those claimed
injuries allegedly resulted from the claimed crashworthiness defects. Affirmations attached as a
part of Exhibits TT through VV.
Dated: September 1, 2022
Melville, New York
Yours, etc.
LAW OFFICE OF ERIC D. FELDMAN
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By:________________________________
STEVEN A. STEIGERWALD
Attorneys for Defendant
CABOT COACH BUILDERS, INC.,
d/b/a ROYALE LIMOUSINE
Please note our new mailing address:
PO Box 2903
Hartford, CT 06104-2903
(631) 501-3100
Matter No.: 2017024539SAS
TO:
Law Office of Vincent D. McNamara
Attorneys for Defendant
The County of Suffolk
Tower Square-1045 Oyster Bay Road
East Norwich, NY 11732
(516)922-9100
Lewis Johs Avallone Aviles, LLP
Attorneys for Defendant
Steven D. Romeo
1377 Motor Parkway
Suite 400
Islandia, NY 11749
(631) 755-0101
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff
Estate of Lauren Baruch
1140 Franklin Avenue
Suite 200
Garden City, NY 11530
(516) 742-0707
Pegalis & Erickson, LLC
Attorneys for Plaintiff
Joelle Dimonte
One Hollow Lane
Suite 10
Lake Success, NY 11042
(516) 684-2939
Joseph J. Tock, Esq.
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Attorney for Plaintiff
Melissa A. Crai
963 Route 6
Mahopac, NY 10541
(845) 628-8080
John J. Juliano, Esq.
Attorneys for Plaintiff
Estate of Brittany Schulman
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff
Alicia M. Arundel
1415 Kellum Place
Suite 205
Garden City, NY 11530
(516) 741-4170
Paris & Chaikin, PLLC
Attorneys for Plaintiff
Olga Lipets
14 Penn Plaza
Suite 2202
New York, NY 10122
Frank J. Laine, P.C.
Attorneys for Plaintiff
Estate of Amy Grabina
449 South Oyster Bay Road
Plainview, NY 11803
(516) 937-1010
Block O’Toole & Murphy LLP
Attorneys for Plaintiff
Estate of Stephanie Belli
One Penn Plaza, Suite 5315
New York, NY 10119
(212)736-5300
Cascone & Klupfel, LLP
Attorneys for Defendant
Romeo Dimon Marine Services, Inc.
497 Farmingdale, NY 11735
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(516) 747-1990
Volz & Vigliotta, PLLC
Attorneys for Defendant
The Town of Southold
280 Smithtown Boulevard
Nesconset, NY 11767
(631)366-2700
Bongiorno, Montiglio & Palmieri, PLLC
Attorneys for Defendants
Carlos F. Pino and Ultimate Class Limousine, Inc.
200 Old Country Road
Suite 680
Mineola, New York 11501
(516)620-0687
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FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------------------------X SUZANNE SCHULMAN as Administratrix of the Estate of Index No. 611214/2015 BRITTNEY M. SCHULMAN, deceased, ALICIA M. ARUNDEL; 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, deceased and STEVEN BARUCH, Individually; JOELLE DIMONTE; MELISSA A. CRAI, and ARTHUR A. BELLI, JR., as Parent and Natural Guardian of STEPHANIE BELLI, deceased, and as the Administer of the ESTATE OF STEPHANIE BELLI, Plaintiffs, STATEMENT OF MATERIAL FACTS -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and 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 remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. -----------------------------------------------------------------------X Pursuant to Rule 202.8-g of this Court, the defendant CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE by and through its attorneys, the LAW OFFICE OF ERIC D. FELDMAN, sets forth the following statement of material facts in support of their Motion for Summary Judgment herein: 1. On July 18, 2015, at approximately 5:10 p.m. the 2007 Lincoln Town Car limousine, owned by defendant ULTI MATE CLASS LIMOUSINE, INC. (“ULTIMATE”) and operated by defendant CARLOS PINO (“PINO”) had eight passengers whose names are MELISSA CRAI, JOELLE DIMONTE, OLGA LIPETS, ALICIA ARUNDEL, LAUREN 1 1 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 BARUCH, AMY GRABINA, BRITTNET SCHULMAN and STEPHANIE BELLI. Exhibits A and B. 2. The Lincoln Town Car had been lengthened by CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE (“CABOT”) prior to the date of the incident under a Ford Motor Company program known as QVM. Exhibit X, Page 14, lines 18-21; page 18, line 24 through page 19, line 9 and lines 17-20; and page 53, line 21 through page 54, line 3. 3. The limousine had room for 9 to 10 passengers to be located on three seats in the passenger compartment including a forward-facing rear, a seat located on the driver’s side of the limousine which was facing the passenger side and a rear facing seat behind the driver’s seat. Exhibit T, Page 35, line 21-25 and page 36, lines 23 to 25. 4. The forward-facing rear seat had original equipment seat and shoulder belts while the side facing and rear facing seats had lap belts. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibit B to said affidavit and New York State Accident Reconstruction report attached as Exhibit Y. 5. There were seat belt advisory labels on the windows of the doors to enter the passenger compartment of the limousine. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibits F, G-1 and G-2 to said affidavit 6. At that time, MELISSA CRAI was located on the passenger side of the front facing seat and Joelle Dimonte was to her left on the same seat. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibit B to said affidavit 7. At that time, OLGA LIPETS, ALICIA ARUNDEL and AMY GRABINA were seated on the side facing seat from back to front. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibit B to said affidavit 2 2 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 8. At that time, STEPHANIE BELLI was seated on the passenger side of the rear facing seat, with BRITTNEY SCHULMAN seated to her right and LAUREN BARUCH toward the driver’s side of the vehicle. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibit B to said affidavit 9. At the above-mentioned date and time, there was an accident between the limousine and a 2005 red Dodge pick-up truck owned and operated by defendant STEVEN ROMEO (“ROMEO”) at the intersection of CR48 and Depot Lane in the Town of Southold. Exhibit T, Page 120, lines 9-16 and 128, line 16 through page 129, line 5. 10. There was a blinking yellow light controlling traffic on CR48 at the intersection. Exhibit U, Page 55, line 13 through page 56, line 10. 11. The limousine had just exited from Vineyard 48 on to eastbound CR48 and was in the process of making a U-turn so that it could proceed westbound on CR48. Exhibit T, Page 97, line 24 through page 98, line 6; page 102, lines 15-20; Page 109, line 25 though page 110, Line 6; page 110, line 18 through page 111, line 2; Page 111, lines 24-25; page 117, lines 14-19; Page 120, lines 9-16; and page 128, line 16 through page 129, line 5. 12. The pick-up truck was proceeding westbound on CR48 and ROMEO’s vision of the traffic heading eastbound was blocked by a vehicle that had entered the westbound left turn lane at the intersection. Exhibit U, Page 57, line 25 through page 58, line 3 and page 65, lines 4-8 and 12 -15. 13. As ROMEO approached the intersection, he suddenly observed the front bumper of the limousine and applied his brakes. Exhibit U, Page 215, line 24 through page 216, line 8 and page 63, line 19 through page 65, line 3. 3 3 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 14. ROMEO’s pick-up truck left tire marks of just under 41 feet in length before the point of impact. New York State Accident Reconstruction Report attached as Exhibit Y. 15. At impact the front of his pick-up heavily struck the passenger side of the limousine and pushing it sideways causing extensive damage to the limousine which fell within two zones: inside and outside a zone of intrusion. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibit C to said affidavit 16. The New York State Police did an accident reconstruction and determined that the pick-up truck was proceeding at 57-61 mph at the time its brakes were applied approximately 41 feet from impact and that at impact it was proceeding at 51-56 mph at the time of impact resulting in it pushing the limousine sideways at a speed of 21-23 mph so that it stopped approximately 41 feet from the point of impact. New York State Accident Reconstruction Report attached as Exhibit Y. 17. Greg Stephens performed an accident reconstruction on behalf of CABOT as well and determined that the speed of the ROMEO vehicle was 50 mph at the time of impact resulting in a change of velocity of 20 mph to the limousine and its occupants. Exhibit MM. 18. The pick-up truck over-rode the frame of the limousine and came into contact with the area of the limousine containing the anti-intrusion bar. Exhibit NN 19. The anti-intrusion bar is connected to the pillars of the vehicle on each end by a bracket. Exhibit NN and OO 20. The anti-intrusion bar and both brackets were bent as a result of the impact and one of the brackets came off the pillar as a result of the impact. Exhibit NN and OO. 21. As opposed to the claims against the other defendants, the claims against CABOT sound in crashworthiness which require proof of the nature of each injury sustained because of 4 4 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 the original incident or accident; the fact that each injury was exacerbated over and above the injury that would have been received from the original incident or accident; the extent each injury was enhanced over and above the injury that would have been received from the first incident or accident; and each specific defect that was a substantial factor resulting in each such injury exacerbation. Exhibits B, E and F. 22. There are no claims that anything CABOT did caused the incident. Exhibit B, E and F. 23. The anti-intrusion bar and vehicle revealed that the intrusion bar on the passenger side and the attachment plates next to it showed deformation in response to the collision which indicates that they performed their intended function of transferring the force to the pillars and the vehicle frame as the primary load-bearing structures even given the severity of the deformation to the pillars and frame. Exhibit OO. 24. The deformation resistance and steel strength of the intrusion bar installed by Cabot Coach Builders, Inc., was the same as the original equipment in the vehicle before the vehicle was modified. Exhibit OO. 25. Given the energy of the impact, the intrusion bar as designed by the vehicle manufacturer would have contributed approximately 1% of the energy absorption of this impact. Exhibit OO. 26. Any areas on the vehicle where the welds may not have had a complete fusion had no effect on the outcome. The welds on the frame for the body mounts were intact. Exhibit OO. 5 5 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 27. The alleged defects in the welds to the door skin, door frames, rocker panels, etc. were a consequence of the severity of the impact and not any defective design or manufacture. Exhibit OO. 28. If the anti-intrusion bar had stayed attached at both ends so that its post collision deformation matched that of the body structure adjacent to its span, the vehicle’s lateral deformation would not have exhibited any significant reduction in the occupant compartment intrusion. Exhibit OO. 29. The pick-up truck impacted the limousine with approximately four times more energy than Federal Motor Vehicle safety Standards 214D compliant vehicle body structures are designed to withstand. Exhibit NN. 30. MELISSA CRAI was not seated in the zone of intrusion and sustained physical injuries primarily to the left side of her body as outlined in her medical records. Affidavit of Richard Bandstra attached as Exhibit LL. 31. JOELLE DIMONTE was not seated in the zone of intrusion and sustained physical injuries primarily to the right side of her body as outlined in her medical records. Affidavit of Richard Bandstra attached as Exhibit LL. 32. OLGA LIPETS was not seated in the zone of intrusion and sustained fractures to her left mandible, left tibia and fibula and multiple lacerations. Affidavit of Richard Bandstra attached as Exhibit LL 33. ALICIA ARUNDEL was not seated in the zone of intrusion and sustained fractures of the left ulnar styloid, left distal humerus (supracondylar) (comminuted) and multiple lacerations and abrasions. Affidavit of Richard Bandstra attached as Exhibit LL. 6 6 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 34. LAUREN BARUCH was seated in the zone of intrusion and sustained numerous injuries including diffuse subdural and subarachnoid hemorrhages, transection of the pontomedullary junction, Atlanto-Occipital dislocation with secondary hemorrhage and transection of the thoracic aorta. Affidavit of Richard Bandstra attached as Exhibit LL, Exhibits F and CC. 35. AMY GRABINA was seated in the zone of intrusion and sustained numerous injuries including an Atlanto-Occipital dislocation and a transection of the descending aorta. Affidavit of Richard Bandstra attached as Exhibit LL, Exhibits F and BB. 36. BRITTNEY SCHULMAN was seated in the zone of intrusion and sustained numerous injuries including transection of the thoracic aorta and diffuse subdural and subarachnoid hemorrhages. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibits F and DD. 37. STEPHANIE BELLI was seated in the zone of intrusion and sustained numerous injuries including full thickness transection of the brainstem, Atlanto-Occipital dislocation, focal subarachnoid hemorrhage, subscapular hemorrhage over the frontal bone and a fracture of the hyoid. Affidavit of Richard Bandstra attached as Exhibit LL and Exhibits F and EE. 38. The physical injuries to Melissa Crai and Joelle Dimonte resulted from Joelle Dimonte not wearing her seat belt, permitting Melissa Crai to come into contact with Joelle Dimonte at a speed of approximately 20 mph with none of their injuries being enhanced by the alleged defects in the vehicle. Affidavit of Richard Bandstra attached as Exhibit LL. 39. The physical injuries to OLGA LIPETS and ALICIA ARUNDEL were a result of the failure of OLGA LIPETS and ALICIA ARUNDEL to use their lap safety restraint with none 7 7 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 of their injuries being enhanced by the alleged defects in the vehicle. Affidavit of Richard Bandstra attached as Exhibit LL. 40. The psychological injuries to MELISSA CRAI, JOELLE DIMONTE and ALICIA ARUNDEL were examined by psychiatrists on behalf of CABOT. Reports attached as a portion of Exhibits TT through VV. 41. The injuries to LAUREN BARUCH, AMY GRABINA, BRITTNEY SCHULMAN and STEPHANIE BELLI were caused by acceleration/inertia as well as contact injuries. Affidavit of Richard Bandstra attached as Exhibit LL. 42. LAUREN BARUCH, AMY GRABINA, BRITTNEY SCHULMAN and STEPHANIE BELLI experienced forces of approximately 20g’s and if the Lincoln’s side structures were stiffened per the claims of plaintiffs, the forces would have increased to 60 to 100g’s which, if unbelted, would have led to severe and potentially fatal injuries. Affidavit of Richard Bandstra attached as Exhibit LL. 43. LAUREN BARUCH, AMY GRABINA, BRITTNEY SCHULMAN and STEPHANIE BELLI were “black tagged” by the first emergency worker that arrived at the scene because they were not alive. Exhibit W, page 14, line 14 through page 15, line 9; page 34, line 22 through page 35, line 5 and page 23, lines 7-15 44. No emergency aid was rendered to LAUREN BARUCH, AMY GRABINA OR BRITTNEY SCHULMAN as they had no pulses. Exhibit W, page 26, lines 3-11 45. One of the emergency workers felt that Stephanie Belli had a weak pulse and had a couple of agonal breathes. He attempted to establish an airway but was unsuccessful. Exhibit W, page 21, lines 7-16. 8 8 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 46. LAUREN BARUCH, AMY GRABINA, BRITTNEY SCHULMAN and STEPHANIE BELLI were never conscious after the impact. Exhibit PP; Exhibit W, page 20, line 8 through page 22, line 7; page 34, lines 2-9; and page 35, lines 6-21; Exhibit M, page 48/line 17 through page 51, line 3; Exhibit K, page 22, line 20 through page 24, line 16, page 26, lines 24-27 and page 136, lines 3-9; and Exhibit N, page 102, line 6 through page 104, line 3. 47. No one in the limousine said or did anything that indicated they were aware of the upcoming impact before the accident occurred. Exhibit M, page 45, lines 14-17, Exhibit T, page 121, line 13-15, page 125, lines 17-22 ad page 124 lines 14-21; and Exhibit N, page 63, lines 16-18. 48. The physical injuries that were sustained by the 8 passengers resulted from the severity of the crush and their bodies resulting reactions and movement as a result of not being anchored or belted to their seat and are not in any way attributable to any alleged defect in the redesign, remanufacture or reassembly of the limousine. Affidavit of Richard Bandstra attached as Exhibit LL. 49. The psychological injuries claimed by MELISSA CRAI, JOELLE DIMONTE and ALICIA ARUNDEL are not capable of being segregated or parsed out between the impact and any alleged defect thereby preventing proof being presented of what portion of those claimed injuries allegedly resulted from the claimed crashworthiness defects. Affirmations attached as a part of Exhibits TT through VV. Dated: September 1, 2022 Melville, New York Yours, etc. LAW OFFICE OF ERIC D. FELDMAN 9 9 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 By:________________________________ STEVEN A. STEIGERWALD Attorneys for Defendant CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE Please note our new mailing address: PO Box 2903 Hartford, CT 06104-2903 (631) 501-3100 Matter No.: 2017024539SAS TO: Law Office of Vincent D. McNamara Attorneys for Defendant The County of Suffolk Tower Square-1045 Oyster Bay Road East Norwich, NY 11732 (516)922-9100 Lewis Johs Avallone Aviles, LLP Attorneys for Defendant Steven D. Romeo 1377 Motor Parkway Suite 400 Islandia, NY 11749 (631) 755-0101 Sullivan Papain Block McGrath & Cannavo, P.C. Attorneys for Plaintiff Estate of Lauren Baruch 1140 Franklin Avenue Suite 200 Garden City, NY 11530 (516) 742-0707 Pegalis & Erickson, LLC Attorneys for Plaintiff Joelle Dimonte One Hollow Lane Suite 10 Lake Success, NY 11042 (516) 684-2939 Joseph J. Tock, Esq. 10 10 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 Attorney for Plaintiff Melissa A. Crai 963 Route 6 Mahopac, NY 10541 (845) 628-8080 John J. Juliano, Esq. Attorneys for Plaintiff Estate of Brittany Schulman 39 Doyle Court E. Northport, NY 11731 (631) 499-9300 The Bongiorno Law Firm, PLLC Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place Suite 205 Garden City, NY 11530 (516) 741-4170 Paris & Chaikin, PLLC Attorneys for Plaintiff Olga Lipets 14 Penn Plaza Suite 2202 New York, NY 10122 Frank J. Laine, P.C. Attorneys for Plaintiff Estate of Amy Grabina 449 South Oyster Bay Road Plainview, NY 11803 (516) 937-1010 Block O’Toole & Murphy LLP Attorneys for Plaintiff Estate of Stephanie Belli One Penn Plaza, Suite 5315 New York, NY 10119 (212)736-5300 Cascone & Klupfel, LLP Attorneys for Defendant Romeo Dimon Marine Services, Inc. 497 Farmingdale, NY 11735 11 11 of 12 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 949 RECEIVED NYSCEF: 09/02/2022 (516) 747-1990 Volz & Vigliotta, PLLC Attorneys for Defendant The Town of Southold 280 Smithtown Boulevard Nesconset, NY 11767 (631)366-2700 Bongiorno, Montiglio & Palmieri, PLLC Attorneys for Defendants Carlos F. Pino and Ultimate Class Limousine, Inc. 200 Old Country Road Suite 680 Mineola, New York 11501 (516)620-0687 12 12 of 12