Dad Of 2 Killed In Quogue Head-On Crash To File $40M Suit: Claim

QUOGUE, NY — The family of two young men killed in a head-on crash in Quogue that left five dead have filed a notice of claim — and are seeking damages from Suffolk County of up to $40 million, according to court documents.

Garden City attorney Robert Sullivan of Sullivan, Pappain, Block, McGrath, Coffinas & Cannavo PC filed a notice of claim on behalf of James Patrick Farrell, father of James Patrick Farrell, Jr. 25, and Michael O'Brien Farrell, 20, who died along with their lifelong friend Ryan Kiess, 25; all grew up in Manhasset.

Uber driver Farhan Zahid, 32, and the driver who hit their Uber head-on, Justin Mendez, 22, of Brookhaven, also died. Kiess' girlfriend of six years, Brianna Maglio, 22, was the sole survivor; she remains in critical condition but is reportedly showing signs of improvement.

According to the notice of claim, damages are sought for "severe personal injuries, conscious pain and suffering, pre-impact terror, and fear of impending death," as well as wrongful death, funeral, burial and wake expenses, and loss of wages.

The deaths resulted from the "carelessness, recklessness, gross negligence, and reckless disregard for the safety of others," shown by Suffolk County, the notice of claim alleges; the county failed to conduct an adequate study of Montauk Highway, provide road markings, failed to properly study a curve in the roadway, the increased volume of traffic, and the evolving increased speeds, the notice of claim said. The county also did not provide proper maintenance to a roadway known for crashes, the notice of claim said.

In addition, the county did not provide traffic calming measures such as a "jersey barrier," or center roadway barrier at the site; the county did not also provide a safe area for vehicles to pull over, speed bumps, or provide adequate warnings and lights to warn of the dangers in the curve a the crash area, the notice of claim 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, 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.

Sullivan did not immediately comment further.

Suffolk County Executive Steve Bellone's media representative said he was unable to comment due to pending litigation. Bellone directed the Suffolk County Department of Public Works to commence a traffic study within days of the accident, he said.

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.

Their brother Stephen also spoke, his voice breaking with tears: "They were my best friends," he said. "Growing up, we did everything together. James, Michael, this isn't a farewell as much a 'See you later.' I love you."

After the crash, Quogue Village Police unveiled further information. 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.

The heartbroken families left behind have bee 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."