Investigators at the scene of a head-on crash that killed...

Investigators at the scene of a head-on crash that killed two people on Montauk Highway in Westhampton. Credit: Stringer News Service

The widower of a woman killed in a head-on, double-fatal crash in October on Westhampton’s Montauk Highway has filed notice that he intends to sue Suffolk County over the condition of the road where the collision took place.

The notice was filed last month on behalf of Claude Kebbe, whose wife of 27 years, Christine Kebbe, 63, and another driver were killed in the head-on collision Oct. 16 near Summit Boulevard.

The notice alleges that the county was careless, negligent and reckless in constructing, designing, and maintaining the roadway in the area where the crash occurred, including a curve that the notice says is prone to accidents.

The crash killed Kebbe, of Remsenburg, and William Vogel, 89, of Cutchogue. Both sustained fatal injuries after Vogel’s 2010 Honda Accord crossed from the westbound to eastbound lanes of Montauk Highway and into the path of Kebbe, who was driving eastbound in a 2008 Honda CRV, according to a statement from the Southampton Town police at the time.

Attorney John Nash of Garden City cited rumble strips and double-yellow lines on the roadway as evidence that the county knew that the stretch is dangerous. He said the county should have found ways to stop crashes like the one that killed Kebbe, such as a "jersey" barrier – modular concrete installed to separate lanes of traffic – a widened roadway and a pull-over area.

"The county should have studied the road and its usage as the roadway has evolved over the last decade -- more people living out east, more activity out east, and the road has to to fit the population," he said in an interview.

Derek Poppe, a spokesman for Suffolk County Executive Steve Bellone, did not return a text message seeking comment, nor could Vogel’s family be reached.

Damages are claimed for "severe personal injuries, conscious pain and suffering, pre-impact terror, fear of impending death, and medical expenses" incurred on behalf of his widow, according to the notice.

A notice of claim is a required first step when suing the government. The notice seeks $13 million in damages.

Nash said he’s filed requests with the county under records-access laws to find out the frequency of crashes there, details and studies about roadway designs over the years, and other relevant information.

The couple lived nearby with their 14-year-old daughter, Chloe. The family moved full-time to Remsenburg from Astoria, Queens, due to the COVID-19 pandemic, Claude Kebbe said in the days after the crash.

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