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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 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 EXHIBIT "Y" FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 NEW $ ate YORK STATE Police ANDREW M. CUOMO GEORGE P. BEACH II Governor Superintendent April 3, 2018 TO: Records Requestor FROM: New York State Police - Central Records Bureau SUBJECT: RECORDS REQUEST COMPLETED __________________________------------------____________________--------------___________________------------------- In accordance with your attached correspondence, please find enclosed a copy of the records requested. When applicable, identifying information has been redacted to prevent an unwarranted invasion of personal privacy. In the case of autopsy reports, information is redacted to comply with County Law. Sincerely, Staff Inspector Richard W. Lynch Acting Records Access Officer Central Records Bureau Building22,1220 Washington Avenue, Albany,NY 12226 | www.troopers.ny.gov FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 CRU-1 (Rev 01/2014) CollisionReconstructon Findings Report Page 1 of 2 NYSP Station/ OutsideAgency Southold Town PoliceDepartment SHPD CC # 3490-15 Collision Date Time of Collision G/TN oiCollisiori County 07/18/15 5f11pm T/Southold Suffolk Location Westbound County Route 48 a/I/wDepot Lane Vehicle 4 O B cyclist Pedestrian Vehicle2 Bicy list Pedestrian Last, First, MI DOB O Deceased Las; MI First, DOB O D Deceased Romeo, Steven 07/07/1960 Injured PinoiCarlos F 07/10/1957 Injured Last, First; MI DOB MI Last, First, . Deceased DOB Deceased Irijured Schulm.an BrittneyM 02/26/1992 O Injured Last,First, MI DOB eceased Last, FirstfMI DOE D.eceased . rijured Baruch, LaureI R 05/20/1991 O In u ed Last, First MI DOB . Deceased Last, First ML DÖB Deceased n]ured Belli, Stephanga 15/25/1990 injured O injured Last,FirsteMI DOB Dec.eased. Last,First, MI DOB O Deceased Grabina,Amy R. 01/128992 injured Î Injured MI Last, First, DOT Detensed Last, MI First, D.OB Dêceased O thjdted frijored Table.ofContent Pa!e Page INTRODUCd1tiN. i SPECIAL TOPICSTOPTIONAi.) Pattems Injury (Autppsy CO)SION SCENE DESCRIPTION DriverElackground 9 COLLISION SCENEEVIDENCE 3 Occupantkinematics Crash Data Retrieval Analysis VEHICLE EXANilNATIONS 3 MV-104A Report RevieW Police Ascident COLLISION PHASES 7 Qther T.oxicology, Wjtness tatements 9 10 CONCLUSIONS / FINDINGS 11 MATHEMATICAL FINDIN S 8 DIAGRAM(S) 13 Report Type: Full Report· ¤ Summary Report Diagram Report SupplementalReport O Amended Report O No Report / Consultation (Explain) Comments: SubmittedBy (Rank & Name) Shield Trooper FabioD. Daino Troop CRU / Station FlU Lead Number Date Submitted SP Riverside 15-080 03/23/2016 Pt Peer Review Shield Date Reviewed By Approved & Date investigator Kenneth W.Gein Jr. 5381 04/12/2016 2"¹ Peer Review By (if required) Sh eld . Date Rev ewed Senior Michael investigator J. Macintosh FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 Two Vehicle - Four Person Fatal Collision westbound County Route 48 at Depot Lane Town of Southold County of Suffolk July 1V, 2015 5:11 p.m. E1.S Troop L Collision Reconstruction Unit 7140 Republic Airport East Farmingdale, New York 11735 Telephone (631) 756-3318 Facsimile (631) 756-3313 Prepared by Trooper Fabio D. Daino FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 INTRODUCTION 1, Trooper Fabio D. Daine, Tfroop L Collision Reconstruction Unit (CRU), was contacted on July 18, 2015 at approximately 5·20 p.m. by the Town of Southold Police Department to respond to westbound Couhty Route .48 at the intersection with Depot Lane, Town of Southold, County of Suffolk, State of New York, to investigate a two vehicle& four person fatalcolhsionresultin! in the deaths of three 23 year old and one 24. year old females. The collision occurred on July 18, 2015at approxirnately 5 11 pan. I arrived on scene at approxirnately 5·40 p in. on July 18 2015 and was briefed on the incident by Southold Town Police Detective Kenneth Richert, kIp indicated that Vehicle 1 a 2005 Dodge pichip, was travèling westbound ön County Route 48 when Vehicle4 a 2007 Lincoln limousine initiated a G-turn at the intersection of Depot Lane causing Vehicle 1 to collide into Vehicle 2 Senio®Investigator Christopher F. Sv eeney, Troop L Forensic Identification.Unit (F1U), photographed the scene, docuinenting the scene.as initiallyobserved at the time of the investigation, I measured and documented thegeene using the)eica TSO2 Electronic Work Statio11 (ETWS), serial # 1337858 and Archer Evidence Recorder serial #939512 Troopers Sean A. Lammens and Charles C. WeiIrriinster, Troop L CRU were also on scene and assisted me in securing measurements. COLLISION SCENE ÚÈSCRIPTION At the time of the collision, County Route 48 in the vicinity of Depot Lane was a four (4) lane asphalt roadway. The roadway was divided by a grass median with two (2) lanes traveling in an eastbound directi.on and two (2) lanes traveling. in a westbound direction The lanes in both directions were divided by broken white pavement markings that indicate passmg was perrmtted, Both the eastbound and westbound sides of the roadway had one (1) left and one (1) right turn lane that permitting access to the intersection of Depot Lane. The westbound lane widths were approximately 11.9 feet for the right turn lane, 12.0 feet for the right lane, 12.3 for the leftlane, and 12.2 feet for the leftturn lane. Thè intersection of County Route 48 and Depot Lane is controlled with a traffic signal light that flashes yellow on the eastbound and westbound lanes of County Road 48, and a traffic signal light that flashes red on the northbound and southbound lanes of Depot Lane. Depot Lane, northbound and southbound, is additionally posted with a stop sign at the intersection of County Route 48. The line of sight in the area of the collision was clear, with the exception of the intersection being partially obstructed with an uninvolved vehicle waiting in the westbound left turn lane to turn south (detailed later in thisreport), The asphalt roadway surface itself was in good condition and free from any defects. The shoulder on the north side of westbound lanes was asphalt and extended FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 approximately 3.8 feet beyond the fog line, at its widest point, to the grass line. The shoulder on the south side of the eastbound lanes was asphalt and extended approximately 11 3 feet beyond the fog line, at its widest point, to the grass line. The speed limit for the roadway was posted at 55 mph. At the time of the investigation, the weather was partly cloudy, dry, and calm with a temperature of approximately 74 degrees Fahrenheit, The roadway lane markings were worn, but visible, and the roadway itself evidenced no irregularities or deficiencies that would have contributed to this collision, Eâstbound County Route 48, view facing east Westbound County Route 48, viewfacing west FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 COLLISION SCENE EVIDENCE .On July 18, 2015, I and. other Members of the Troop L Cõllision Reconstruction Unit and the Forensic Identification Unit inspected the collision scene for physical evidende pertinent to the investigation Locations of the evidence were photographed, doenmented, and forensically mapped. They included but were not± limited to: vehicle debris, roadway debris, tire marks, scratches, and the involved vehicles. The evidence was located on the westbound side of County Route 48 and began approxiniately 8 2 feet west of the fire hydrant located on the north side grass line. A debris field from the collision was lócated approxirnately 52.9 feet west of the startof TM1 (tiremark 1) Tire mark evidencÆat thd scene consisted of three (3) tiremarks from Vehicle 1, and three (3) tiremarks from Vehicle 2. Vehicle 1's pre-impact tire7narks started and terminated in the left laner of westbbund County Route 48, jpst prior to the intersection. Vehicle I and Vehicle 2's post inipact tire marks started in the left lane of County Route 48, at the intersection, continued, and terminated in the right lane of County Route 48 Vehicle 1 and Vehicle 2 s tire marks were dark and distinct Tire mark 1, pre-impact, made by Vehicle 1 measured approximately 40.9 feet. Tire mark 2, pre impact, made by Vehicle 1 measured5approximately 33 5 feet Tire mark 3 post impact, made by Vehicle 2 measuredepproximately 32.3 feet Tire mark 4, post impact, made by Vehicle 2 nieasùred approximátely 39.4 feet. Tire mark 5, post impact, made by Vehicle 2 meassred approximately 3 5 feet. "Tire mark 6, post irnpact, made by Vehicle 1 measured aI5proximately 4(3 feet. Other pieces of metal and plastic debris were obsërved and not documented due to the small size, numerous quantities, and itssusceptibility to movement. VEHICLE EXAMINATIONS Vehicle 1: On July 23, 20 15, Iconducted a visual examination of Vehicle 1 at the Southold Town Police Department Impound yard. Vehicle 1 was a. 2005 Dodge Dakota pickup, color red, with VIN # 1D7HW58N55S227605. Itexhibited a New York registration, bearing plate number EFC3050, expiring 01/22/16 and was operated by STEVEN D. ROMEO, DOB 07/07/60 of PO Box 155 Southold, NY 11971. The inspection certificate was expired, expiring on 06/30/15. Vehicle I sustained contact damage to the front end, the driver and passenger side front quarter panels. The principal direction of force in the collision was from front to rear. All the glass in the vehicle, except the front windshield, was intact and did not fracture during the collision. The windshield had induced fracture damage as a result of the collision. 3 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 Vehicle 1 had power disc brakes on the front, drum brakes on the rear, and ABS on the rear wheels. The vehicle's brakes were checked and no deficiencies were noted. The vehicle was equipped with four P265/70R16 Goodyear Wrangler RT/S tires. The tires all had sufficient tread depth. and tirepressure to pass inspection On July 31, 2015, I, in addition to Trooper Michael M. Messina, Troop L Commercial Vehicle Enforcement Unit, responded to the Southold Town Police Department Impound yard toAveigh Vehicle L Vehicle 1 was weighed and returned a total weight of 4,850 lbs. VEHICLE RECALL / MECHANICAL FAILURE EXAMINATION A check. of recalls through the National Highway Transportatiort Safety Administration Office of Defects Investigations for Vehicle 1 revealed öne (1) open safety recall. This recall was related to a driver airbag inflator.and was not related to this collision. There was no other evidence of any other vehicle recall or mechanical failure of this vehicle that can belisted as a contributing factor. RESTRAINT EXAMINATIONS I examined the seatbelt system in Vehicle 1 for signs of operability and usage. The front driver and passenget side seatbelt restraints were of a three point lap belt and harness. The driver side seatbelt was extended of lucked, not buckled, andavas irluse at the tirne of the collision The front passenger side seatbelt was retracted and not locked. All the other seatbelts were retracted and not in a foclied position. Vehicle 1 was equipped with driver and passenger front airbags, none of which deployed upon impacts l1ncontrolled ünal restpus tion of Veh c e 1 westbound County Route 48 at Depot Lane 4 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 Vehicle 2: On July 23, 2015, 1 tonducted a visual examination on Vehicle 2 at the Suffolk County Police Department Impöund yard, Westhampton, NV. Vehicle 2 was a 2007 Lincoln Town car, limousine, color black, with VIN # 1LIFM88Wf/V616205 T exhibited a New fork registrãtion, bearing plate number NID2124C expiring 12/31/15 ar«l was operated by CARLOS F. PINO, DOB 07/10/19#/ of 721 Old Bethpage ad, Old Bethpage, NY 11804. The inspection certificate was current expiring 04/30/16. Vehicle 2 sustained contact damage to the passenger side mid section of the vehicle The principal direction of force in the collision was from the passenger side to driver side. All the glass in the except the rear front driver side and rear passengels side windows vehicle, window, fractured during the collision. Vehicle 2 had power dise brakes, and ABS on all four wheels. The vehicle's brakes were checked and no deficiencies were noted. The vehicle w.as eqsipped witly four P245/60R17 Michelin Energy LX4 tires. The tires allhad sufficieDt tread depth and tire pressure to pass inspec(ion. Vehicle 2 was additionally modified for use as a limousine and was equipped with additional seating, Vehicle 2 was not equipped with a front passenger seat, and was equipped with seating eapacity for a total ornine (9) passëngers in the rëa On Jùly 31, 2015 I, in addition to Troop¼r Michael M. Messina, Troop L Commerdial n%icle Enforcement Onit, responded to Ultimate Class Limousine Ince 12B Commercial Street, Hicksville NY 11801, to weigh an exemplar vehicle to Vehicle 2, due to the. swere damage sustainëd by Vehicle 2 it the collision. Th exemplar vehicle to Vehicle 2 was weighed and returned a total weight of 5,900 lbs. VEHICLE RECALL / MECHANICAL FAILURE EXAMINATION A check of recalls through the National Highway Transportation Safety Administraticif Office of Defects Investigations for Vehicle 2 revealed one. (1) open safety recall. this recall was related to a steering column shaft, and was not related to this collisiork There was no other evidence of any other vehicle recall or mechanical failure of this vehicle that can be listed as a contributing factor. RESTRAINT EXAMINATIONS Writer examined the seatbelt system in Vehicle 2 for signs of operability and usage. The front driver side seatbelt was retracted, not locked, not buckled and not in use at the time of the collision. The rear passenger compartment of the Vehicle 2 was equipped with nine (9) seatbelt restraints. The rearmost three (3) seatbelts were of a three point lap belt and hamess. The remaining six (6) seatbelts in the rear of Vehicle 2 were of a lap belt system only. The rearmost three (3) seatbelts were retracted, and not buckled. The remaining six (6) lap belt only seatbelts were not buckled. Due to the extensive damage sustained by Vehicle 2 in the collision, I was unable to determine the rear seatbelt use in this vehicle. 5 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 Unepptrpiled flunal rest positiotrofVehicle 2, westbou d County Route 48 at Depot Lane Exemplar Limousine interiorview, view facing toward driver 6 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 Exemplar Limousine interiorview, view facingtoward rear of vehicle COLLISION P‰ASES PRE-IMPACT Vehicle I was traveling westbound in the leñ lane of County Route 48 east of Depot Lane. Vehicle 2 was trave¶ing eastbound on County Route 48 and attempting to make a U-turn to westbound County Route 48, at the intersection of Depot Lane. IMPACT As Vehicle 2 entered the intersection and initiated a U-turn across both westbound lanes of County Route 48, Vehicle 1 collided into the passenger side of Vehicle 2. POST-IMPACT Vehicle I and Vehicle 2, came to an uncontrolled final rest, together, approximately 41 feet from initial impact, at the northwest corner of the intersection of County Route 48 and Depot Lane. 7 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 MATHEMATICAL FINDINGS The topic of speed was of primary consideration in this collision. To that end, tests were conducted at the scene to determine the coefficient of friction (f) of the roadway. Skid tests were conducted in the same area on the roadway as the tire marks. These tests were conducted utilizing a VC4000 skid test computer, sérial # VC410050445 ãnd a 2010 Southold Police Department Ford Crown Victoria Police an average fractor on thissurface off= 0.75. Similar tests Interceptorg yielding braking have been conducte I with the same VC4000. The VC4000 has previously been calibruted with results falling within accepted tolerances. I utilized time/distance formulas to calculate stopping distances and perception reaction distances for Vehicle. L I also utilized the Institute of Police Technology and Managément a¬cepted vahle öf 1.6 seconds for perception/reaction time. Osing these formulas, I was able to calculate time and distances needed for Vehicle 1 to come to a complete stop. These calculations determined that when Vehicle 1 was able to react tM Vehicle 1 coming through the intersection, at a sight distance of approximately 200', 263' Vehicle 1 would have required a total stopping distance of approxirnately and 4.93 seconds to comê to a complete stop if traveling at the posted speed .limit of 55 mph. These tests determined that even ifVehicle 1 had seen Vehicle 2 attempting to make turn at the intersection and braked, Vehicle 1 would not have been able to avoid the collision. I additionally utilized a momentum formula to calculate an accurate speed range estimate for Vehicle 1 from the physical evidence at the scene. 1 utilized a combined weight, including the occupant for Vehicle 1 of 5,030 lbs. I utilized a combined weight, including occupants for Vehicle 2 of 6,930 lbs. I then adjusted braking efficiency pf Vehicle 1 and Vehicle 2, post impact to a range of 50060%, due to Vehicle 1 and Vehicle 2 departing post impact as one (1) combined unit. Utilizing this formula, I computed an accurate speed estimate range post-impact for Vehicle 1 and Vehicle 2 of 21-23 mph. Writer computed an accurate speed estimate range at impact for Vehicle 1 of 51-56 mph. Writer computed and accurate speed estimate range at the start of the tire marks for Vehicle 1 of 57-61 mph. These calculations were performed in a conservative manner and in accordance with accepted collision reconstruction protocols. 8 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 SPECIAL TOPICS DRIVER HISTORV A New Vork State Department orMotor Vehicles check was performed on the operator of Vehicle 1, STEVEN D. ROMEO, DOB 07/07/60, showing that he "DM" possessed a valid class New York State driver license, expiring 07107/19, with no active suspensions or revocations. A New York State Department of Motor Vehicles check was performed 6n the pperator of Vehicle 2, CARLOS F. PINO, DOB 07/10/57, showing that he " " possessed a valid class New York State Commercial driver license, expiring 07/10/19, with no active suspensions or revocations. CRASH DATA RETRIEVAL Vehicle I was not a supported vehicle of the %sch Crash Data Retrieval System, therefore, no Crash Data Retrieval (CDR) was able to be conducted on Vehicle 1. On July 2.3,2015, I conducted Crash Data Retrieval, utilizing the Bosch Crash Data Retrieval System, from the-airbag control module (ACM) and pówertrain control module (PCM) from Vehicle 2. Vehicle 2 was supported as a CDR vehicle, and AC1vt evènts were triggered. The ACM indicated that bQth fróntal and side events Were recorded. Additionally the ACM. indicated that the driver and passenger belt switch circuit status as "Unbuckled". The passenger occupaDt classificatiön status as "En3pty", as there was no front seat affixed to Whicle l Vehicle 2 addiUonally had.a side trigger event that indicated the same data as the froñtal tri!ger eventh A PCM restraint deployment signal was not received from Vehicle 2.. Due to Vehicle 2's P M not Nfreeze" receiving this deployment signal, the PCM data on Vehicle 2 did not the data and continued overwrite and record data on the PCM. TOXICOLGY The Suffolk County Medical Examiner toxicology laboratory report dated July 20, 2015 attested to by Kristin Ferraro, Forensic Scientist I, revealed the operator of Vehicle 1, STEVEN ROMEO, had a 0.06% ethanol present in his. blood, Kit # 14435. Additionally, a toxicology laboratory report dated July 20, 2015 attested to by Kristin Ferraro, Forensic Scientist I,revealed the operator of Vehicle 1, STEVEN ROMEO, had a 0.05% ethanol present in his hospital blood, Kit # HB-071815. The Suffolk County Medical Examiner toxicology laboratory report dated August 12, 2015 attested to by Edward Minden, Forensic Scientist H, revealed the operator of Vehicle CARLOS had no ethanol detected in his hospital Kit # HB- 2, PINO, blood, 081215A . Additionally, a supplemental toxicology laboratory report dated August 14, 2015 attested to by Lori Arendt, Forensic Scientist III,revealed the operator of Vehicle 2, CARLOS PlNO, had no drugs detected in his blood, Kit # HB-081215A. 9 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 WITNESS STATEMENTS The statement of LAUREN FICURILLI stated that she was traveling westbound on County Route 48 and upon approãching Depot Lane, she entered the left turn lane at that intersection and stopped to wait to make the turn. Ms. Ficurilli stated that she observed a limp in the eástbound left turn lane of County Route 48 and then saw that same limo start to make a left turn. Ms. Ficurilli further states that she then saw a red truck crash into the passenger side of the limo, and both vehicles sliding sideways until they came to a stop in the niiddle of the road The statement 0.fJASON COOPER stated that he was traveling eastbound on County Route 48 approaching Depot Lane preparing to make a right turn to head south on Depot Lane. Mri Cooper states that he saw a thno making a U-turn on County Route 48 to go back westbound on County Route 48, Mr. Côoper fuither states that he saw a red Dodge truck going westbound on County Route 48 traveling at an average speed Mr. 2 Cooper then saw the lime turn and get blasted in the side by the truck The statement of SYDNEY GOY stated that she was traveling eastbound pn County Route 48 approaching Depöt Lane when she saw n black lhno creepin! forward in the left hand turn lane, Ms. Goy states that the limo drove deep into the intersection before making a left turne Ms. Goy further states that at this same time, a Jeep Libeity approached the intersection going westbound attempting to make a left turn to go south. Ms. Goy stated as the lime began turning, both the vieus of the limo driver and jeep driver were blocked,. and with this blocked view, the limo driver could not see the red truck traveling westbound in thé left lane Additidnally, Ms. Goy states that red trucks view was blocked also- The limo then proceeded to make a U turn and the red truck drove right into the side of the limo.3 COLLISION RE-ENACTMENTMISUAL CONSPICUITY TESTING On August 20, 2015, 1 and other members of the Troop L Collision Reconstruction and Forensic Identification Unit, Southold Town Police Department, Suffolk County Police Department, and Suffolk County District Attorneys Office returned to the collision scene to conduct a collision re-enactment and visual conspicuity testing. Exemplar vehicles of Vehicle 1 and Vehicle 2 were positioned in various locations in the collision scene, in addition to an exemplar uninvolved witness vehicle, a Jeep Liberty. The witness vehicle was positioned in the westbound left turn lane of County Route 48 at Depot Lane, to observe any possible sight distance limitations that may have affected either view of the drivers involved. To that end, tests conducted indicated that the first opportunity that either driver may have been able to observe a hazard about to occur was at approximately 200 feet east FICUR1LL1, DOB 10/02/94, dated August 25, 2015. Supporting Deposition by LAUREN 2 Supporting Deposition by JASON COOPER, DOB 03/20/70, dated July I8, 2015. Supporting Deposition by SY DNEY GOY, DOB 08/30/96, dated July 21, 2015. 10 FILED: SUFFOLK COUNTY CLERK 09/02/2022 02:47 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 976 RECEIVED NYSCEF: 09/02/2022 of the location of the impact. As discussed in a previous section, mathematical findings indicated that a vehicle traveling at 55rnph would have required approximately 263 feet to come to a complete stop to avoid the collision. View from the exemplar ;lncoln Limousine, re-enactment, vviththe exemplar Dodge pickup visible 200' east ofthe-area of impact approximately CONCLUSIONS / FINDINGS Based on the total4y of the investigation conducted by Members of the Troop L Collision Reconstruction Unit, Troop L Forensic Identification Unit, the Southold Town Police Departntent and I,conclusions regarding this collision were determined; At approximately Sill p m. on Saturday, July 18, 2015, Vehicle 1, a 2005 Dodge Dakota, being operated by Steven D. Romeo, was traveling westbound on County Route 48 approaching Depot Lane. Vehicle 2, a 2007 Lincoln Limousine, being operated by Carlos F. Pirio, was traveling eastbound on County Route 48 approaching the intersection at Depot Lane. An uninvolved Jeep Liberty was positioned in the left turn lane of westbound County Route 48, waiting to turn south onto Depot Lane. Vehicle 2 entered the intersection of eastbound County Route 48 atDepot Lane, from the left turn lane, and initiated a U-turn