Hempstead Town to borrow $725G to settle lawsuit involving dump truck collision
The settlement would have "no impact on taxpayers," the Town of Hempstead spokesman said. Credit: Howard Schnapp
The Town of Hempstead will borrow $725,000 to finance a settlement to a couple involved in a motor vehicle accident with a town employee.
The plaintiffs, William and Maria Medina, were rear-ended by a town employee operating a town-owned "dump vehicle" on June 2, 2020, at the intersection of Merrick Avenue and Merrick Road in Merrick, according to a copy of the lawsuit. The couple had been stopped at a red light for around 15 to 30 seconds, the lawsuit said.
William Medina suffered “serious and permanent personal injuries” as a result of the crash, Jon-Paul Gabriele, the plaintiffs’ Uniondale-based attorney, said in the filing.
The Medinas filed the lawsuit in July 2021 in Nassau State Supreme Court.
The Medinas' lawsuit said the town was “negligent, grossly negligent, careless and reckless in the ownership, operation, management, maintenance, control, supervision, inspection, repair and use" of the dump vehicle.
Lawyers for the town had denied the claims.
In a July 2021 court filing, lawyers for the town said any injuries sustained by the Medinas were "not the result of any culpable conduct or negligence on the part of the" town.
Town of Hempstead Supervisor Donald X Clavin Jr. declined a request for comment through town spokesman Brian Devine.
Devine wrote in an email the settlement would have "no impact on taxpayers, as the potential for settlements such as this are included in the Town's yearly budget."
"I’m happy we’re able to achieve a fair result for some good people,” Gabriele said in a brief interview.
The Medinas had initially sued the town for $1.8 million, Town Attorney John Maccarone said during a board meeting on April 29.
Justice Roy S. Mahon wrote in an Aug. 22, 2022, decision the town had not “offered a non-negligent explanation for the accident in issue.” Mahon granted the plaintiffs’ application for liability.
“We lost liability,” Maccarone said during the meeting. “A motion was made to a judge in the Supreme Court, and regrettably, that judge decided. We appealed. But before the appeal was perfected, we settled the case.”
The Town of Hempstead will borrow $725,000 to finance a settlement to a couple involved in a motor vehicle accident with a town employee.
The plaintiffs, William and Maria Medina, were rear-ended by a town employee operating a town-owned "dump vehicle" on June 2, 2020, at the intersection of Merrick Avenue and Merrick Road in Merrick, according to a copy of the lawsuit. The couple had been stopped at a red light for around 15 to 30 seconds, the lawsuit said.
William Medina suffered “serious and permanent personal injuries” as a result of the crash, Jon-Paul Gabriele, the plaintiffs’ Uniondale-based attorney, said in the filing.
The Medinas filed the lawsuit in July 2021 in Nassau State Supreme Court.
The Medinas' lawsuit said the town was “negligent, grossly negligent, careless and reckless in the ownership, operation, management, maintenance, control, supervision, inspection, repair and use" of the dump vehicle.
Lawyers for the town had denied the claims.
In a July 2021 court filing, lawyers for the town said any injuries sustained by the Medinas were "not the result of any culpable conduct or negligence on the part of the" town.
Town of Hempstead Supervisor Donald X Clavin Jr. declined a request for comment through town spokesman Brian Devine.
Devine wrote in an email the settlement would have "no impact on taxpayers, as the potential for settlements such as this are included in the Town's yearly budget."
"I’m happy we’re able to achieve a fair result for some good people,” Gabriele said in a brief interview.
The Medinas had initially sued the town for $1.8 million, Town Attorney John Maccarone said during a board meeting on April 29.
Justice Roy S. Mahon wrote in an Aug. 22, 2022, decision the town had not “offered a non-negligent explanation for the accident in issue.” Mahon granted the plaintiffs’ application for liability.
“We lost liability,” Maccarone said during the meeting. “A motion was made to a judge in the Supreme Court, and regrettably, that judge decided. We appealed. But before the appeal was perfected, we settled the case.”
Joshua Needelman covers the Town of North Hempstead for Newsday. A Long Island native and University of Maryland graduate, his work has appeared in publications including The New York Times and The Washington Post.
New revelations in Gilgo documentary ... Keeping pets safe from ticks ... LI Works: Taking a spin at Adventureland ... Get the latest news and more great videos at NewsdayTV
New revelations in Gilgo documentary ... Keeping pets safe from ticks ... LI Works: Taking a spin at Adventureland ... Get the latest news and more great videos at NewsdayTV
