Dad Of 2 Killed In Crash To File $40M Suit Against LI Village, PD

QUOGUE, NY — The father of two young men killed in a July head-on crash that left five dead in Quogue has filed a notice of claim against the Village of Quogue and the Quogue Village Police Department, seeking damages of $40 million, according to court documents.

James Farrell, father of Michael O'Brien Farrell and James Patrick Farrell, Jr., also previously filed a notice of claim against Suffolk County.

Farrell, who lives in Plandome Heights, is represented by Garden City-based attorney Robert Sullivan.

According to the notice of claim, damages are being sought for "severe personal injuries, conscious pain and suffering, pre-impact terror, and fear of impending death" for the Farrell brothers, as well as for claims of wrongful death, funeral, burial and wake expenses, loss of inheritance, loss of wages, and loss of financial support and guidance to their family.

The notice of claim states that the Farrell brothers died as the result of "carelessness, recklessness, gross negligence, negligence and reckless disregard for the safety of others" by Quogue Village Police, including an officer who was pursuing Justin Mendez. Mendez crashed into an Uber, killing James, 25, Michael 20, their lifelong friend Ryan Kiess, 25, and Uber driver Farhan Zahid, 32. Kiess' girlfriend Brianna Maglio was critically injured in the crash, police said.

According to Quogue Village Police, the crash took place at 11:19 p.m. near the intersection of Montauk Highway and Quogue Street (East) on July 24. A red Nissan Maxima, driven by Mendez,25, who was alone in the vehicle, was heading west on Montauk Highway when it left its lane of travel and crashed head-on with the Prius with a Zahid and his four passengers that was traveling east on Montauk Highway, police said.

The notice of claim also alleges "the carelessness, recklessness, gross negligence, of the pursuing officer’s supervisory Quogue Village Police Department police officers charged with the training, management, control, supervision and decision making of its Quogue Village Police officers on patrol."

According to the notice of claim, police failed "to properly follow established and recognized standards and procedures for motor vehicle pursuits and following motor vehicles;" failed to "have and/or implement proper standards and/or procedures for motor vehicle pursuits and high speed motor vehicle pursuits;" and "improperly" pursued the Nissan driven by Mendez.

Police also failed to have or had "insufficient and outdated policy on vehicle pursuits and vehicle following practices as part of the standard operating procedure of the Quogue Village Police," the notice of claim said.

Quogue Police supervisors permitted the patrol officer to pursue the Mendez vehicle and failed to properly monitor or break off the high-speed pursuit, conducting the pursuit in a "grossly negligent manner," and violating internal protocols and regulations, the notice of claim alleges.

Mendez, the notice of claim says, was aware that he was being pursued by the officer and "following the Mendez vehicle in light of its actions was too great and unjustified given the physical location of the pursuit and the time of day." Following Mendez encouraged him to increase his speed to attempt to "outrun the village police cruiser," the notice of claim said.

When asked for comment, Quogue Village Police responded: "We do not have a comment on the notice of claim that was filed."

Kurt Keiss, who lost his son Ryan in the crash, said, of the suit: "I agree with the Farrell position." When asked if he would pursue litigation as well, he said he could not comment yet.

At the funeral for the Farrell brothers, hundreds turned out in mourning. Letters were read from the many friends, heartbroken, who shared memories.

After the crash, Quogue Village Police unveiled further information at a press event. Investigators believe Mendez' excessive speed may have been a factor in the crash; police said. Marijuana was found in his vehicle and unconfirmed witness reports indicated Mendez may have turned his headlights off after police began to follow him, authorities said.

When asked for the results of the toxicology report on Mendez, the Suffolk County Medical Examiner's Office referred the request to Suffolk County. media rep for Suffolk County Executive Steve Bellone told Patch: "We do not release toxicology reports. It is considered a medical record."

The heartbroken families left behind have been united in crying out for safety improvements on the road where their loved ones lost their lives.

The young people called an Uber to be safe, Kiess said, after the crash. "They were doing the right thing." His son and his friends, Kiess said, "were all good kids." Through tears, Kiess said: "Our hearts are broken forever. Our lives will never be the same."