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FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DELAWARE
--------------------------------___--------X
Robert J. Allen, as Executor of the
ESTATE OF CHYANNE D. ALLEN, Index No.:
EF2019-986
Plaintiff,
Affidavit of Eugene R.
-against- P.E.
Camerota,
CHRISTOPHER J. DELONG AND
THE CATALOG OUTLET,
Defendants.
_____________________________________________Ç
_________________-------_____________________Ç
CHRISTOPHER J. DELONG AND
THE CATALOG OUTLET,
Third Party Plaintiffs,
-against-
ROBERT J. ALLEN,
Third Party Defendant.
__-------------------------------------X
Eugene R. Camerota, P.E., being duly sworn, deposes and states the following
under the penalty of perjury:
1. I am a licensed professional engineer in the State of New York. A copy of my
curriculum vitae is attached. My area of expertise includes accident
reconstruction, including the retrieval and analysis of information obtained
from vehicle Event Data Recorders ("EDRs"). I am a member of the Society
of Automotive Engineers, the National Association of Professional Accident
Reconstruction Specialists, and the New York State Traffic Accident
Reconstruction Society.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
2. I was retained by Penino & Moynihan, LLP, to provide my opinion of the
cause of a fatal motor vehicle accident on December 21, 2017, on New York
State Highway 357 in Franklin, New York.
3. My review of this file included the following documents:
" MV104A with diagram;
" New York State Incident Report;
" New York State Vehicle Examination Report
" Witness Statement of Michelle Bonker;
" Photographs of scene after incident;
" Photographs of Dodge van after incident;
" EBT transcripts of Robert Allen, Christopher DeLong, and Michelle
Bonker and the associated exhibits; and
" Plaintiff's bill of particulars.
4. A copy of the police records I reviewed are annexed hereto.
5. In addition to my review of the above material, I personally inspected the
scene of the accident on March 11, 2021.
NYS Police Investigation
6. According to the police records, a 2007 delivery truck operated by Christopher
DeLong ("DeLong") was backing into a driveway when a 2010 Dodge van
operated by Robert Allen ("Allen"), was driving westbound on State Route
357. Allen told the police the sun was in his eyes and he did not see DeLong's
vehicle in time, and tried to go into the eastbound lane to avoid a collision.
Allen struck the front quarter of DeLong's truck, and Chyanne Allen, a
passenger in Allen's van, was killed. The police report notes that the weather
was clear and the roads were dry. The police report notes unsafe speed and
glare as contributing factors. Upon arriving at the scene, the responding
trooper observed DeLong's truck partially in the driveway.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
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7. Michelle Bonker ("Bonker") provided a statement to the police indicating
Allen's van did not apply the brakes until itwas mere feet away from the truck;
that DeLong's truck was almost completely in the driveway before the
collision, and that the impact caused the truck to be pushed into the street.
8. Allen's van was equipped with an Event Data Recorder ("EDR"). The EDR
indicated 1.6 seconds prior to impact, Allen's van had cruise control engaged,
that itwas set to 57 miles per hour; that at 1.6 seconds the brakes were applied;
and that Allen's van was travelling at 34 miles per hour at the time of collision.
Allen's testimony
9. Allen confirmed during his deposition that his cruise control was activated
and set at or above the 55 mile per hour speed limit the entire time he was on
State Highway 357.
10. Allen testified he may have been accelerating as he approached the scene
because of a hill.
11. Allen testified he saw DeLong's truck when he crested the top of the hill and,
upon seeing the truck, jerked the wheel to the left and hit his brakes.
12. Allen testified that when he first saw DeLong's truck, he was less than ten feet
away and may have been accelerating.
13. Allen initially denied the sun prevented him from seeing DeLong's truck, but
subsequently testified the description of the accident in the police report.
which included Allen's statement regarding sun glare, was accurate.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
DeLong's testimony.
14. DeLong testified he was reversing into a driveway at less than 10 miles per
hour and the front tires of his vehicle were in the shoulder of the highway
when he was struck by Allen's vehicle. He could see Allen's vehicle prior to
impact, estimated that Allen was driving above 55 miles per hour, heard the
sound of screeching brakes, and, after the impact, could see rubber marks in
the roadway showing the path his truck had been dragged out of the driveway
by the impact.
Bonker's testimony
15. Bonker observed DeLong's truck as itreversed into the driveway, saw Allen's
vehicle strike DeLong's vehicle, and observed Allen's van drag DeLong's
vehicle diagonally out of the driveway.
DeLong's truck.
16. The police report identifies DeLong's truck by VIN J8BE5B16277902986. I
conducted a search using this VIN which returned this photograph of
DeLong's truck:
Photograph 1: Delong's truck.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
17. This vehicle is a 2007 Chevrolet W55042 manufactured by Isuzu. It is a
200"
commercial box truck with a wheelbase, overall length of 291.5", overall
width of 81.3", and overall height of 92.4".
Allen's van.
18. Allen was driving a 2010 Dodge Caravan. Photograph 2 shows the subject
vehicle after the accident:
Photograph 2: Allen's van.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
19. Examination of the photograph indicates damage concentrated on the right
"A"
front corner extending rearward from the post to the passenger front door;
the hood is buckled, the right front tire is deflated, the front windshield is
cracked, and both front airbags are deployed.
Scene Investigation
20. I inspected the scene of the accident on March 11, 2021. I observed State
357 is a two-lane asphalt rural road in an east-
Highway running generally
9'8"
west direction. The westbound lane measured wide, the eastbound lane
9'6" 4'11"
measured wide. The shoulder to the westbound lane measured
3'8"
wide while the eastbound shoulder measured wide. Photograph 3 shows
the driveway DeLong was backing into at thetime of the accident (hereinafter
referred to as the "driveway"):
Photograph 3: 12137 State Highway 357
21. I observed the contour of the road approaching this house from the east,
heading west, consists of a section of straight road followed by an uphill grade
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
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and a curve to the right. The road then straightens and flattens as itapproaches
the house. The right-hand curve starts 675 feet east of the driveway and ends
450 feet east of the driveway. The road then has a slight 1.7% uphill grade. At
approximately 150 feet east of the driveway the road is essentially flat. I took
Photograph 4 while standing 1000 feet from the driveway, looking west. The
contour of the road can be seen along with the house located at 12137 State
Highway 357 on the right side:
Photograph 4: 1000 feet east of the driveway, looking west.
22. I took Photograph 5 standing 600 feet east of the driveway, looking west. At
this location, the road has an uphill grade of 2 degrees (3.5%) and is starting
to curve slightly to the right.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
Photograph 5: 600 feet east of driveway, looking west.
23. I took Photograph 6 standing 450 feet east of the driveway, looking west:
Photograph 6: 450 feet east of driveway, looking west.
24. I took Photograph 7 standing 308 feet east of the driveway, looking west:
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
Photograph 7: 308 feet east of driveway, looking west.
25. Prior to taking the photographs below (Photographs 8 through 11), I parked
my car, a white sedan, on the shoulder 30 feetwest of the western edge of the
driveway, as a reference point indicating where DeLong's truck would have
been when he commenced backing into the driveway. Itmust be noted that at
the time of my inspection the lack of foliage in March would be the same as
the lack of foliage in December and, at the time of the accident, DeLong's
vehicle would have been more visible than my car as (1) DeLong's truck is
(7' 24.2'
taller and longer in height and in length) than my much smaller
sedan; (2) DeLong's vehicle would have been perpendicular rather than
24.2'
parallel to the road, thus the entire length of Delong's vehicle would
have been observable; and (3) after entering the driveway, DeLong would
have been closer to Allen than where my car isparked:
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
Photograph 8: 900 feet east from the rear of my vehicle,
Photograph 9: 600 feet east from the rear of my vehicle.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
Photograph 10: 486 feet east from the rear of my vehicle.
Photograph I1: 345 feet east from the rear of my vehicle.
26. Based upon my inspection of the scene, the sight distance available to a
motorist to view a truck just beyond the driveway of 12137 State Highway
357, traveling west, is approximately 900 feet.
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
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27. Allen's testimony that he had set his cruise control at or slightly above the
speed limit is consistent with the Event Data Recorder's indication that he was
traveling at 57 miles per hour with the cruise control engaged.
28. The Event Data Recorder indicates Allen hit the brakes 1.6 seconds before
impact, and was traveling at 34 miles per hour at the moment of impact.
29. Based upon the two speeds (57 miles per hour and 34 miles per hour) and the
time of 1.6 seconds, the rate of deceleration at a constant rate is 21.09 ft/s/sor
0.65 g's. The distance covered by Allen during this braking process would be
107 feet. A driver with a standard reaction time and perception would have
covered 209 feet in 2.5 seconds when traveling at 57 miles per hour, and the
distance required to stop would have been 376 feet. Thus, Allen was
approximately 316 feet east of DeLong's truck when he perceived, reacted,
and braked his vehicle on the date of the accident, less than the 376 feet
required to stop the van from a speed of 57 miles per hour.
30. As DeLong's vehicle would have been readily observable from a distance of
at least 900 feet, Allen's failure to perceive and react to DeLong's vehicle
until he was approximately 316 feet away constituted the sole cause of the
collision, as he had ample opportunity to adjust his vehicle's speed or position
prior to impact.
Conclusions
31. The following are my conclusions based upon a reasonable degree of
engineering certainty:
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
" A 2010 Dodge Caravan operated by Allen struck a 2007 Chevy box truck
operated by DeLong as DeLong was reversing into the driveway of 12137
State Highway 357.
" The sight distance afforded to a motorist in Allen's position approaching
from the east and heading west to DeLong's truck was 900 feet.
" Allen did not perceive or react to DeLong's truck until he was
approximately 316 feet from DeLong's truck on a clear, dry, sunny day.
Allen was travelling at 57 miles per hour 1.6 seconds before impact and
34 miles per hour at the time of impact.
" Allen told the trooper the sun was in his eyes, but at his
responding
deposition denied the sun prevented him from seeing DeLong's vehicle.
If the sun was affecting Allen's perception, those affects would be
necessarily observable to him, and he remained solely responsible for the
safe operation of his vehicle. There is no indication Allen reduced his
speed, which was above the speed limit, or took any other measure in
response to sun glare.
" Allen's failure to observe and react to a observable commercial
readily
box truck on a clear, dry, sunny day was the sole cause of this accident.
ugene R. Camerota, P.E.
Sworn to before me this
d f April, 022
BO WANG
Notary Public - State of New York
NO. 01WA6308226
in Onondaga County
Qualified
My Commission Expires Jul 21, 2022
- .... - .. - ..... ..- - -
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
___ PHONE: (315) 676-5187 -
(315) 498-2439
CELL: (315) 247-9168
FAX: (315) 668-1852
EMAIL: camerote@tweny.rr.com
CONSULTING ENGINEER www.eugenecamerota.com
ACCIDENT RECONSTRUCTION " PRODUCT LIABILITY
P.O. BOX 15486 " SYRACUSE, NY 13215-0486
EDUCATION
Syracuse University: Syracuse, New York
Master of Science: Mechanical - 8/84
Engineering
Bachelor of Science: Mechanical - 5/79
Engineering
Bachelor of Science: Aerospace - 5/79
Engineering
PROFESSIONAL LICENSES
Licensed and Registered Professional Engineer:
State of New York: # 067813
State of Illinois: # 062-055048
CONSULTING EXPERIENCE
Analytical and Experimental Studies of Engineering Problems Dealing with
Accident Reconstruction and Product Liability. Work includes, but not limited to,
the following areas:
" Automotive Accident Reconstruction
" Certified to Perform Crash Data Retrieval (EDR Downloads)
" Seat Belt Restraint Analysis
" Evaluation of Automotive Component Design
" Motorcycle Accident Reconstruction
" Truck Accident Reconstruction
" Snowmobile and ATV Accident Reconstruction
" Safety and Training Issues Pertaining to Commercial Trucks
" Construction Equipment: Accident Reconstruction and Design Analysis
" Industrial With Respect to and Design
Machinery Safety
" Industrial Machine and OSHA Regulations
Guarding
" Portable Both Residential and Industrial
Machinery
" Consumer Product Evaluation With Respect to and Design
Safety
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
" Analysis and of Wood, Metal and Fiberglass Stepladders,
Testing
Extension Ladders and Scaffolding
" Have Performed Complete ANSI Test Procedures to Ladders
Pertaining
" Have Completed the OSHA Construction & Health Supervisor
Safety
Course
" and Fall Analysis
Slip
" Construction Code Regulations
Building
" Issues to See 240, NYS Labor Law
Engineering Pertaining
Accident Reconstruction Techniques include Classical Application of the Laws of
Physics in Conjunction with Engineering Principles to Perform the Most Accurate
Reconstruction Possible Commensurate with the Physical Evidence. Computer
Simulations are used to Reinforce the Mathematical and Physical Findings.
Certified to Perform Crash Data Retrieval From Conforming Vehicles.
Product Liability Analysis Includes Engineering Design Evaluation of Consumer
and Industrial Products to Ascertain the Feasibility and Safety of the Design. This
Includes Testing of the Product and Research of Product Recall Notices.
I have been accepted as an Expert Consulting Engineer in a Court of Law in the
States of New York, Pennsylvania, New Jersey, Ohio, Michigan and Wisconsin. I
Have testified numerous times in Jury Trials, Arbitrations and Depositions.
COLLEGE COURSES TAUGHT
" Mechanics I: Statics
Engineering
" Mechanics II: Dynamics
Engineering
" Mechanics of Materials
" Physics
" Mechanical Design
Engineering
" Machine Design
" Mechanical Component Design
" Processes
Manufacturing
" Engineering Graphics
" Graphic Statics
POSITIONS HELD
Eugene R. Camerota, Technical Consultant
Accident Reconstruction and Product Liability
1981- 1991
Eugene R. Camerota, PE, Consulting Engineer
Accident Reconstruction and Product Liability
1991 - Present
EUGENE R. CAMEROTA, P.E.
CONSULTING ENGINEER
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
Professor - Science Program
Engineering
Onondaga Community College; Syracuse, NY
1985- Present
Instructor -
Engineering Technology
State University of New York @ Morrisville; Morrisville, NY
1982-1984
Assistant - Department of Aerospace Mechanical
Teaching and Engineering
Syracuse University; Syracuse NY
1980-1982
Product Development Engineer
Chrysler Corporation: Detroit, Michigan
1979-1980
ADDITIONAL ENGINEERING EXPERIENCE
Chrysler Corporation
" Cooling Systems Engineering: Worked in Advanced Airflow Group.
Executed Airflow Studies on Present and Future Vehicles. Applications of
Thermodynamics and Heat Transfer were applied to Engineering Problems.
Work Included Analytical and Experimental Methods in Wind Tunnel.
" Aerodynamics: Applied Aerodynamic Principles to Future Vehicle Themes.
Work Included Analytical Applications and Testing of 3/8 Scale Models in
Wind Tunnel.
Eugene R. Camerota, PE
" Within the Scope of Practice, I have worked on
my Consulting Engineering
Numerous Design Problems, including, but not limited to, Component
Machine Design, Structural Design and Product Evaluation.
MEMBERSHIP IN PROFESSIONAL SOCIETIES
SAE - of Automotive Engineers
Society
NAPARS - National Association of Professional Accident Reconstruction
Specialists
NSPE - National of Professional Engineers
Society
NYSTARS - New York State Traffic Accident Reconstruction Society
HFES - Human Factors and Ergonomics Society
MSF - Motorcycle Certified Motorcycle
Safety Foundation;
Riding Instructor
EUGENE R. CAMEROTA, RE.
CONSULTING ENGINEER
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
L AgcAcy... . . . 2.-Div/Precinct New Yur#Slat: N.ORI 5. Case No. 6: Inciden( No.
CI TROOP C- ZONE I NV 1.380100 Ikk'1
O I1 7980206
8,92.pate Reportéd.(Day, Date Time)IU 1,f:2.Occurred On/From (Day, Date Time)13,14,15.Occurred To (Day. Date, Time)
THURSDAY 12/21/2017 14:5I THURSDAY 12/2 j2017
14:51
6. Incident
Type · . 17.Ituxinvss Name
ÄCCIDENT-FATAL
19. Incid ent Ad dress (Street
Name, BIdg..No., Apt.
Nö.)
STATE HIGHWA'Y357
20. City/Stat'e/ZIp.
FRANKÆIN NEW YORK
..ZL LocationCode rSLED) , .23.No. gr Victims
. 24. No. of Suspects 26. Victiin also Complainarit?
FRANI(LIN TOWN 1356 I 0 jvo
Locatioh Type
STREET -
. (QG$- p,ughog) . ;w44 4
. SECTION SUB CL CAT DEG ATT NAME OF OFFENSE . CTS
L 125.10 . E F 0. C CRIMINALLYNEOfJGENT HOMICIDE
. ASSOCIATED PERSONS
DOCTOR BAIASUBRÂlvIANIAM, NADARAJAH SCHENECTÄDÝ CO CORONEl( EI2 HOSPlxA
BLDG//f id.1- SCHENECTADY NY (2308 . (S18)2434000
DRIVÊR1 DÈIONG, CliRIS •OPHER,J 12/I.5/1992 20 UNION CHURCH ST
UNADILLA NY 13849-0000
. DRIVEFF ALLEN, ROBERT, J 09/I8/1952PO BQX 3.74
. DOWNSVILLENY13755-0000
ERSON LABADIA,.KIMBERLY, A 225 NORTHUAIN STREEf
INTERVIEWED CENTRAL BRIDGE NY 12035
PERSON · ."
BAVANAUGH, TIMOTHY ALSANY COUNTY CORONER (518)4 284
NTERVIEWED ALBANY.NY
..PE.RSON .. PALMER, GERALD, E I12 JESSE.ROGERSRD
. INTERVIEV/ED .. BLDG#U MT. UPTON NY 13809
.. ............
.... .
. . .... _....._..________________
PROSECUTOR HOBBARD, JOHN; L DEIüARE COUNTY DISfRICT ATTORNEY'S OFFICE
DMJIt NY 13753
07)8324299
. y
ALLEN, CH,YANNE, D 07/10/1983 6736 RIVER RD
., DO)VNSV.ILLENY 13755
WITt ESS BÖNKER, MICHELLE, L 11920ST-357
FRANKLIN NY 13755
Nanie- 27. DOB 28. Age29. Gender 30. Race 31. Ettmicity 32. Handicap M.Residence
ALLEN, CHYANNE, D 07/(0/1983 34 FElvlALE WHITE NOT HISPANIC NO RESIDENT
VENCLE
59, Vehicle Status
, . -60 License Pfate No. (L State 62. Exp. Yr.
4. Value
DESTROYED/DAMAGED/VANDAIJZED 27253MC NY
PlatÈ type . 65. Year
66. Makcc 67.-Model
COMlUIERCIAL 2007 CHEVROLETUNKNOWN
8. 5tyle , . 69. VIN 70. Colar(s)
. WHITE
71 TowerBy 71b. Towed To
RCACTO RC AU.TO -
72. Veicle Notes
age ! of 4 6|4/2018 16:3253
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022
59. VehicleStatus . .. . .60 IJeensePInte No.61..Stare .I. Value
2. Ebp. Yr.
DESTROYED/OAMAGED/VANDALlZliD . GW79 9 NY
· *'
6). Pla¼eType . 65. kmr66. Finke
67. Model .
PASSENGER AUTOMOBILE (REGULAR.PI.ATES) 2010 OODUECARA)/AN .
68. Style 69. VIN 70. Color(s)
VAN . GOLD . . .
71n, Towed By 71b. Towed To . ..
APPROVED APl$ROVED .
72.Vehicle
Notes
NARRATIVE
' · .
Date of Action
.., . Date Writteri OfficerName & Rank , . .
12/2if2Ò17 . 12/21/20.17 SLAWEK, MICHAEL (TPV)
Narratite
. .. .. - . , .. . .
NITIAL . . . .- .
Ireceiveda Delaware Co 91 I call
forserviceofa 2 car MVA in the Townof Franklin.
Preview
FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DELAWARE --------------------------------___--------X Robert J. Allen, as Executor of the ESTATE OF CHYANNE D. ALLEN, Index No.: EF2019-986 Plaintiff, Affidavit of Eugene R. -against- P.E. Camerota, CHRISTOPHER J. DELONG AND THE CATALOG OUTLET, Defendants. _____________________________________________Ç _________________-------_____________________Ç CHRISTOPHER J. DELONG AND THE CATALOG OUTLET, Third Party Plaintiffs, -against- ROBERT J. ALLEN, Third Party Defendant. __-------------------------------------X Eugene R. Camerota, P.E., being duly sworn, deposes and states the following under the penalty of perjury: 1. I am a licensed professional engineer in the State of New York. A copy of my curriculum vitae is attached. My area of expertise includes accident reconstruction, including the retrieval and analysis of information obtained from vehicle Event Data Recorders ("EDRs"). I am a member of the Society of Automotive Engineers, the National Association of Professional Accident Reconstruction Specialists, and the New York State Traffic Accident Reconstruction Society. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 2. I was retained by Penino & Moynihan, LLP, to provide my opinion of the cause of a fatal motor vehicle accident on December 21, 2017, on New York State Highway 357 in Franklin, New York. 3. My review of this file included the following documents: " MV104A with diagram; " New York State Incident Report; " New York State Vehicle Examination Report " Witness Statement of Michelle Bonker; " Photographs of scene after incident; " Photographs of Dodge van after incident; " EBT transcripts of Robert Allen, Christopher DeLong, and Michelle Bonker and the associated exhibits; and " Plaintiff's bill of particulars. 4. A copy of the police records I reviewed are annexed hereto. 5. In addition to my review of the above material, I personally inspected the scene of the accident on March 11, 2021. NYS Police Investigation 6. According to the police records, a 2007 delivery truck operated by Christopher DeLong ("DeLong") was backing into a driveway when a 2010 Dodge van operated by Robert Allen ("Allen"), was driving westbound on State Route 357. Allen told the police the sun was in his eyes and he did not see DeLong's vehicle in time, and tried to go into the eastbound lane to avoid a collision. Allen struck the front quarter of DeLong's truck, and Chyanne Allen, a passenger in Allen's van, was killed. The police report notes that the weather was clear and the roads were dry. The police report notes unsafe speed and glare as contributing factors. Upon arriving at the scene, the responding trooper observed DeLong's truck partially in the driveway. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 7. Michelle Bonker ("Bonker") provided a statement to the police indicating Allen's van did not apply the brakes until itwas mere feet away from the truck; that DeLong's truck was almost completely in the driveway before the collision, and that the impact caused the truck to be pushed into the street. 8. Allen's van was equipped with an Event Data Recorder ("EDR"). The EDR indicated 1.6 seconds prior to impact, Allen's van had cruise control engaged, that itwas set to 57 miles per hour; that at 1.6 seconds the brakes were applied; and that Allen's van was travelling at 34 miles per hour at the time of collision. Allen's testimony 9. Allen confirmed during his deposition that his cruise control was activated and set at or above the 55 mile per hour speed limit the entire time he was on State Highway 357. 10. Allen testified he may have been accelerating as he approached the scene because of a hill. 11. Allen testified he saw DeLong's truck when he crested the top of the hill and, upon seeing the truck, jerked the wheel to the left and hit his brakes. 12. Allen testified that when he first saw DeLong's truck, he was less than ten feet away and may have been accelerating. 13. Allen initially denied the sun prevented him from seeing DeLong's truck, but subsequently testified the description of the accident in the police report. which included Allen's statement regarding sun glare, was accurate. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 DeLong's testimony. 14. DeLong testified he was reversing into a driveway at less than 10 miles per hour and the front tires of his vehicle were in the shoulder of the highway when he was struck by Allen's vehicle. He could see Allen's vehicle prior to impact, estimated that Allen was driving above 55 miles per hour, heard the sound of screeching brakes, and, after the impact, could see rubber marks in the roadway showing the path his truck had been dragged out of the driveway by the impact. Bonker's testimony 15. Bonker observed DeLong's truck as itreversed into the driveway, saw Allen's vehicle strike DeLong's vehicle, and observed Allen's van drag DeLong's vehicle diagonally out of the driveway. DeLong's truck. 16. The police report identifies DeLong's truck by VIN J8BE5B16277902986. I conducted a search using this VIN which returned this photograph of DeLong's truck: Photograph 1: Delong's truck. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 17. This vehicle is a 2007 Chevrolet W55042 manufactured by Isuzu. It is a 200" commercial box truck with a wheelbase, overall length of 291.5", overall width of 81.3", and overall height of 92.4". Allen's van. 18. Allen was driving a 2010 Dodge Caravan. Photograph 2 shows the subject vehicle after the accident: Photograph 2: Allen's van. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 19. Examination of the photograph indicates damage concentrated on the right "A" front corner extending rearward from the post to the passenger front door; the hood is buckled, the right front tire is deflated, the front windshield is cracked, and both front airbags are deployed. Scene Investigation 20. I inspected the scene of the accident on March 11, 2021. I observed State 357 is a two-lane asphalt rural road in an east- Highway running generally 9'8" west direction. The westbound lane measured wide, the eastbound lane 9'6" 4'11" measured wide. The shoulder to the westbound lane measured 3'8" wide while the eastbound shoulder measured wide. Photograph 3 shows the driveway DeLong was backing into at thetime of the accident (hereinafter referred to as the "driveway"): Photograph 3: 12137 State Highway 357 21. I observed the contour of the road approaching this house from the east, heading west, consists of a section of straight road followed by an uphill grade FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 and a curve to the right. The road then straightens and flattens as itapproaches the house. The right-hand curve starts 675 feet east of the driveway and ends 450 feet east of the driveway. The road then has a slight 1.7% uphill grade. At approximately 150 feet east of the driveway the road is essentially flat. I took Photograph 4 while standing 1000 feet from the driveway, looking west. The contour of the road can be seen along with the house located at 12137 State Highway 357 on the right side: Photograph 4: 1000 feet east of the driveway, looking west. 22. I took Photograph 5 standing 600 feet east of the driveway, looking west. At this location, the road has an uphill grade of 2 degrees (3.5%) and is starting to curve slightly to the right. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 Photograph 5: 600 feet east of driveway, looking west. 23. I took Photograph 6 standing 450 feet east of the driveway, looking west: Photograph 6: 450 feet east of driveway, looking west. 24. I took Photograph 7 standing 308 feet east of the driveway, looking west: FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 Photograph 7: 308 feet east of driveway, looking west. 25. Prior to taking the photographs below (Photographs 8 through 11), I parked my car, a white sedan, on the shoulder 30 feetwest of the western edge of the driveway, as a reference point indicating where DeLong's truck would have been when he commenced backing into the driveway. Itmust be noted that at the time of my inspection the lack of foliage in March would be the same as the lack of foliage in December and, at the time of the accident, DeLong's vehicle would have been more visible than my car as (1) DeLong's truck is (7' 24.2' taller and longer in height and in length) than my much smaller sedan; (2) DeLong's vehicle would have been perpendicular rather than 24.2' parallel to the road, thus the entire length of Delong's vehicle would have been observable; and (3) after entering the driveway, DeLong would have been closer to Allen than where my car isparked: FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 Photograph 8: 900 feet east from the rear of my vehicle, Photograph 9: 600 feet east from the rear of my vehicle. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 Photograph 10: 486 feet east from the rear of my vehicle. Photograph I1: 345 feet east from the rear of my vehicle. 26. Based upon my inspection of the scene, the sight distance available to a motorist to view a truck just beyond the driveway of 12137 State Highway 357, traveling west, is approximately 900 feet. FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 27. Allen's testimony that he had set his cruise control at or slightly above the speed limit is consistent with the Event Data Recorder's indication that he was traveling at 57 miles per hour with the cruise control engaged. 28. The Event Data Recorder indicates Allen hit the brakes 1.6 seconds before impact, and was traveling at 34 miles per hour at the moment of impact. 29. Based upon the two speeds (57 miles per hour and 34 miles per hour) and the time of 1.6 seconds, the rate of deceleration at a constant rate is 21.09 ft/s/sor 0.65 g's. The distance covered by Allen during this braking process would be 107 feet. A driver with a standard reaction time and perception would have covered 209 feet in 2.5 seconds when traveling at 57 miles per hour, and the distance required to stop would have been 376 feet. Thus, Allen was approximately 316 feet east of DeLong's truck when he perceived, reacted, and braked his vehicle on the date of the accident, less than the 376 feet required to stop the van from a speed of 57 miles per hour. 30. As DeLong's vehicle would have been readily observable from a distance of at least 900 feet, Allen's failure to perceive and react to DeLong's vehicle until he was approximately 316 feet away constituted the sole cause of the collision, as he had ample opportunity to adjust his vehicle's speed or position prior to impact. Conclusions 31. The following are my conclusions based upon a reasonable degree of engineering certainty: FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 " A 2010 Dodge Caravan operated by Allen struck a 2007 Chevy box truck operated by DeLong as DeLong was reversing into the driveway of 12137 State Highway 357. " The sight distance afforded to a motorist in Allen's position approaching from the east and heading west to DeLong's truck was 900 feet. " Allen did not perceive or react to DeLong's truck until he was approximately 316 feet from DeLong's truck on a clear, dry, sunny day. Allen was travelling at 57 miles per hour 1.6 seconds before impact and 34 miles per hour at the time of impact. " Allen told the trooper the sun was in his eyes, but at his responding deposition denied the sun prevented him from seeing DeLong's vehicle. If the sun was affecting Allen's perception, those affects would be necessarily observable to him, and he remained solely responsible for the safe operation of his vehicle. There is no indication Allen reduced his speed, which was above the speed limit, or took any other measure in response to sun glare. " Allen's failure to observe and react to a observable commercial readily box truck on a clear, dry, sunny day was the sole cause of this accident. ugene R. Camerota, P.E. Sworn to before me this d f April, 022 BO WANG Notary Public - State of New York NO. 01WA6308226 in Onondaga County Qualified My Commission Expires Jul 21, 2022 - .... - .. - ..... ..- - - FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 ___ PHONE: (315) 676-5187 - (315) 498-2439 CELL: (315) 247-9168 FAX: (315) 668-1852 EMAIL: camerote@tweny.rr.com CONSULTING ENGINEER www.eugenecamerota.com ACCIDENT RECONSTRUCTION " PRODUCT LIABILITY P.O. BOX 15486 " SYRACUSE, NY 13215-0486 EDUCATION Syracuse University: Syracuse, New York Master of Science: Mechanical - 8/84 Engineering Bachelor of Science: Mechanical - 5/79 Engineering Bachelor of Science: Aerospace - 5/79 Engineering PROFESSIONAL LICENSES Licensed and Registered Professional Engineer: State of New York: # 067813 State of Illinois: # 062-055048 CONSULTING EXPERIENCE Analytical and Experimental Studies of Engineering Problems Dealing with Accident Reconstruction and Product Liability. Work includes, but not limited to, the following areas: " Automotive Accident Reconstruction " Certified to Perform Crash Data Retrieval (EDR Downloads) " Seat Belt Restraint Analysis " Evaluation of Automotive Component Design " Motorcycle Accident Reconstruction " Truck Accident Reconstruction " Snowmobile and ATV Accident Reconstruction " Safety and Training Issues Pertaining to Commercial Trucks " Construction Equipment: Accident Reconstruction and Design Analysis " Industrial With Respect to and Design Machinery Safety " Industrial Machine and OSHA Regulations Guarding " Portable Both Residential and Industrial Machinery " Consumer Product Evaluation With Respect to and Design Safety FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 " Analysis and of Wood, Metal and Fiberglass Stepladders, Testing Extension Ladders and Scaffolding " Have Performed Complete ANSI Test Procedures to Ladders Pertaining " Have Completed the OSHA Construction & Health Supervisor Safety Course " and Fall Analysis Slip " Construction Code Regulations Building " Issues to See 240, NYS Labor Law Engineering Pertaining Accident Reconstruction Techniques include Classical Application of the Laws of Physics in Conjunction with Engineering Principles to Perform the Most Accurate Reconstruction Possible Commensurate with the Physical Evidence. Computer Simulations are used to Reinforce the Mathematical and Physical Findings. Certified to Perform Crash Data Retrieval From Conforming Vehicles. Product Liability Analysis Includes Engineering Design Evaluation of Consumer and Industrial Products to Ascertain the Feasibility and Safety of the Design. This Includes Testing of the Product and Research of Product Recall Notices. I have been accepted as an Expert Consulting Engineer in a Court of Law in the States of New York, Pennsylvania, New Jersey, Ohio, Michigan and Wisconsin. I Have testified numerous times in Jury Trials, Arbitrations and Depositions. COLLEGE COURSES TAUGHT " Mechanics I: Statics Engineering " Mechanics II: Dynamics Engineering " Mechanics of Materials " Physics " Mechanical Design Engineering " Machine Design " Mechanical Component Design " Processes Manufacturing " Engineering Graphics " Graphic Statics POSITIONS HELD Eugene R. Camerota, Technical Consultant Accident Reconstruction and Product Liability 1981- 1991 Eugene R. Camerota, PE, Consulting Engineer Accident Reconstruction and Product Liability 1991 - Present EUGENE R. CAMEROTA, P.E. CONSULTING ENGINEER FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 Professor - Science Program Engineering Onondaga Community College; Syracuse, NY 1985- Present Instructor - Engineering Technology State University of New York @ Morrisville; Morrisville, NY 1982-1984 Assistant - Department of Aerospace Mechanical Teaching and Engineering Syracuse University; Syracuse NY 1980-1982 Product Development Engineer Chrysler Corporation: Detroit, Michigan 1979-1980 ADDITIONAL ENGINEERING EXPERIENCE Chrysler Corporation " Cooling Systems Engineering: Worked in Advanced Airflow Group. Executed Airflow Studies on Present and Future Vehicles. Applications of Thermodynamics and Heat Transfer were applied to Engineering Problems. Work Included Analytical and Experimental Methods in Wind Tunnel. " Aerodynamics: Applied Aerodynamic Principles to Future Vehicle Themes. Work Included Analytical Applications and Testing of 3/8 Scale Models in Wind Tunnel. Eugene R. Camerota, PE " Within the Scope of Practice, I have worked on my Consulting Engineering Numerous Design Problems, including, but not limited to, Component Machine Design, Structural Design and Product Evaluation. MEMBERSHIP IN PROFESSIONAL SOCIETIES SAE - of Automotive Engineers Society NAPARS - National Association of Professional Accident Reconstruction Specialists NSPE - National of Professional Engineers Society NYSTARS - New York State Traffic Accident Reconstruction Society HFES - Human Factors and Ergonomics Society MSF - Motorcycle Certified Motorcycle Safety Foundation; Riding Instructor EUGENE R. CAMEROTA, RE. CONSULTING ENGINEER FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 L AgcAcy... . . . 2.-Div/Precinct New Yur#Slat: N.ORI 5. Case No. 6: Inciden( No. CI TROOP C- ZONE I NV 1.380100 Ikk'1 O I1 7980206 8,92.pate Reportéd.(Day, Date Time)IU 1,f:2.Occurred On/From (Day, Date Time)13,14,15.Occurred To (Day. Date, Time) THURSDAY 12/21/2017 14:5I THURSDAY 12/2 j2017 14:51 6. Incident Type · . 17.Ituxinvss Name ÄCCIDENT-FATAL 19. Incid ent Ad dress (Street Name, BIdg..No., Apt. Nö.) STATE HIGHWA'Y357 20. City/Stat'e/ZIp. FRANKÆIN NEW YORK ..ZL LocationCode rSLED) , .23.No. gr Victims . 24. No. of Suspects 26. Victiin also Complainarit? FRANI(LIN TOWN 1356 I 0 jvo Locatioh Type STREET - . (QG$- p,ughog) . ;w44 4 . SECTION SUB CL CAT DEG ATT NAME OF OFFENSE . CTS L 125.10 . E F 0. C CRIMINALLYNEOfJGENT HOMICIDE . ASSOCIATED PERSONS DOCTOR BAIASUBRÂlvIANIAM, NADARAJAH SCHENECTÄDÝ CO CORONEl( EI2 HOSPlxA BLDG//f id.1- SCHENECTADY NY (2308 . (S18)2434000 DRIVÊR1 DÈIONG, CliRIS •OPHER,J 12/I.5/1992 20 UNION CHURCH ST UNADILLA NY 13849-0000 . DRIVEFF ALLEN, ROBERT, J 09/I8/1952PO BQX 3.74 . DOWNSVILLENY13755-0000 ERSON LABADIA,.KIMBERLY, A 225 NORTHUAIN STREEf INTERVIEWED CENTRAL BRIDGE NY 12035 PERSON · ." BAVANAUGH, TIMOTHY ALSANY COUNTY CORONER (518)4 284 NTERVIEWED ALBANY.NY ..PE.RSON .. PALMER, GERALD, E I12 JESSE.ROGERSRD . INTERVIEV/ED .. BLDG#U MT. UPTON NY 13809 .. ............ .... . . . .... _....._..________________ PROSECUTOR HOBBARD, JOHN; L DEIüARE COUNTY DISfRICT ATTORNEY'S OFFICE DMJIt NY 13753 07)8324299 . y ALLEN, CH,YANNE, D 07/10/1983 6736 RIVER RD ., DO)VNSV.ILLENY 13755 WITt ESS BÖNKER, MICHELLE, L 11920ST-357 FRANKLIN NY 13755 Nanie- 27. DOB 28. Age29. Gender 30. Race 31. Ettmicity 32. Handicap M.Residence ALLEN, CHYANNE, D 07/(0/1983 34 FElvlALE WHITE NOT HISPANIC NO RESIDENT VENCLE 59, Vehicle Status , . -60 License Pfate No. (L State 62. Exp. Yr. 4. Value DESTROYED/DAMAGED/VANDAIJZED 27253MC NY PlatÈ type . 65. Year 66. Makcc 67.-Model COMlUIERCIAL 2007 CHEVROLETUNKNOWN 8. 5tyle , . 69. VIN 70. Colar(s) . WHITE 71 TowerBy 71b. Towed To RCACTO RC AU.TO - 72. Veicle Notes age ! of 4 6|4/2018 16:3253 FILED: DELAWARE COUNTY CLERK 05/25/2022 10:11 AM INDEX NO. EF2019-986 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/25/2022 59. VehicleStatus . .. . .60 IJeensePInte No.61..Stare .I. Value 2. Ebp. Yr. DESTROYED/OAMAGED/VANDALlZliD . GW79 9 NY · *' 6). Pla¼eType . 65. kmr66. Finke 67. Model . PASSENGER AUTOMOBILE (REGULAR.PI.ATES) 2010 OODUECARA)/AN . 68. Style 69. VIN 70. Color(s) VAN . GOLD . . . 71n, Towed By 71b. Towed To . .. APPROVED APl$ROVED . 72.Vehicle Notes NARRATIVE ' · . Date of Action .., . Date Writteri OfficerName & Rank , . . 12/2if2Ò17 . 12/21/20.17 SLAWEK, MICHAEL (TPV) Narratite . .. .. - . , .. . . NITIAL . . . .- . Ireceiveda Delaware Co 91 I call forserviceofa 2 car MVA in the Townof Franklin.