Partner Lauren Creegan was successful in obtaining a voluntary discontinuance of all claims, with prejudice, against the firm’s client in a wrongful death action arising out of a 2023 motor vehicle accident resulting in the death of a 34 year old driver.  In this action brought in the Supreme Court, Suffolk County, the defendant was driving his vehicle and made a left hand turn crossing east and westbound traffic to travel westbound on Montauk Highway. The decedent was driving eastbound on Montauk Highway, at the time of the defendant’s left hand turn, when he lost control of his vehicle, traveled across the westbound lanes and crashed into a tree. While the vehicles of the defendant and the decedent never made contact, the allegation was that the defendant negligently made his left hand turn across the decedent’s lane of traffic, causing the decedent to lose control of his vehicle and crash into a tree. 

Ms. Creegan’s thorough investigation, which included obtaining and reviewing the investigation file of the Suffolk County Police Department, witness statements and extensive review of Google images of the subject roadways, provided Ms. Creegan with the evidence necessary to demonstrate to plaintiff’s counsel — early in the case—that plaintiff’s theory as to liability against the defendant was not tenable.

Additionally, through the agreed upon discovery schedule of proceeding first with the non-party deposition of a purported key eyewitness for the plaintiff, the testimony elicited ultimately served to support the defense, which resulted in the estate’s agreement to voluntarily discontinue the case in its entirety against our client, with prejudice. 

The result in this case underscores the importance of a thorough investigation and evaluation of any case, as well as open communication with opposing counsel, to avoid lengthy and costly litigation.