Town Faces Multiple Lawsuits Over Fatal Mattituck Boat Crash

MATTITUCK, NY — Three individuals injured in a boat crash in Mattituck in November that left one woman dead have filed notices of claim with Southold Town.

According to legal documents, Francesco Distefano, 48, of East Northport, filed a notice of claim on Feb. 7 seeking $30 million in damages; the notice of claim alleges that the Town of Southold "negligently maintained or failed to maintain the navigational aids, buoys and marine markers" at the entrance to James Creek, where the crash took place.

At 9:17 p.m. on Nov. 10, 2019 Southold Police said they were dispatched to a residence on Old Salt Rd. in Mattituck where a 39-foot Cobalt power boat collided with a bulkhead fronting on Great Peconic Bay, about 200 feet west of the entrance to James Creek.

Officers discovered the vessel around 150 feet from the shoreline with four persons onboard, police said. The four sustained varying degrees of serious injuries; there was also substantial damage to both the bulkhead and the vessel, indicating that the collision occurred at significant speed, police said.Two of the boaters were airlifted to Stony Brook University Hospital via Suffolk County aviation, police said; two were transported to Peconic Bay Medical Center by Mattituck and Cutchogue Fire Department ambulances.

Kelley Blanchard, 27, of Riverhead was pronounced dead at PBMC, police said. Distefano, Nick Soullas, 41, of Jamesport and Megan Blanchard, 29, of New Suffolk were hospitalized, police said.

Police charged Distefano with boating while intoxicated, a misdemeanor; that charge was later dropped, Suffolk County District Attorney Tim Sini said.

"The Suffolk County District Attorney's office secured a court order to test blood which was drawn from the suspected operator immediately upon his arrival to the hospital," Sini said in a statement to Patch. "The toxicology report indicated that the blood alcohol content was under the legal threshold for a criminal charge."

The notice of claim states that Southold Town "failed to adhere to U.S. Coast Guard regulations as to the maintenance and replacement of private navigational aids to boaters which caused or contributed to" Distefano's injuries. In addition, the notice of claim said the town failed to advise the public or mariners about the "aids removal," which "caused or contributed to" Distefano's injuries.

In addition, the notice of claim states that the Town of Southold, through its police department, "made libelous, false statements," to television, newspaper and radio personnel about Distefano, suggesting he was "involved in a serious crime" and "exposing him to ridicule," and "reflecting negatively" on his "character, morality and integrity."

The notice of claim also states that Distefano ran aground while searching for buoys and navigational aids.

Distefano, the notice of claim states, was hospitalized and had head and neck injuries, fractures, mental anguish, loss of earnings, loss of business, damage to reputation, false arrest, wrongful prosecution, and suffered damage due to false statements made with "reckless disregard" for his reputation.

Attorney Frank Blangiardo of Riverhead filed a notice of claim for Soullas, which states that the town "negligently maintained or failed to maintain" the navigational aids, buoys and marine markers at the entrance to James Creek and failed to notify mariners and general public about the impending removal of those markers.

Soullas, the notice of claim said, had "serious injuries" to his head, neck and back, as well as a shattered pelvis, requiring surgeries and reconstructive surgeries, loss of earnings and mental anguish. Soullas' notice of claim did not note the amount of damages sought.

A notice of claim filed by Southold attorney and former Southold Town Justice Brian Hughes for Blanchard stated that she will seek $25 million in damages. The town "negligently maintained or failed to maintain the aids to navigation, buoys, and marine markers at or about the entrance to James Creek," the notice of claim said; the Town of Southold also "failed to notify, advise or warn mariners and general public of the removal of said aids" and "failed to adhere to U.S.C.G. regulations as to the maintenance and replacement of navigational aids to boaters, and this caused or contributed to the injuries of claimant," the notice of claim said.

Blanchard, the notice of claim adds, suffered injuries to her hand, back and legs, requiring surgery and leading to loss of earnings and mental anguish.

Southold Town Attorney Bill Duffy did not immediately respond to a request for comment.