The two-vehicle crash happened the night of Saturday, July 24, on Montauk Highway in Suffolk County, in the Village of Quogue, near the intersection of Quogue Street East.
Among the five people killed in the crash were 20-year-old Michael Farrell and 25-year-old James Farrell Jr.
Sullivan, Papain, Block, McGrath, & Cannavo in Garden City, the law firm representing James Farrell Sr., has filed a notice of claim against the county.
Farrell Sr. plans to sue the county for up to $40 million. The legal filings said damages are claimed for injuries, wrongful death, funeral expenses, and more.
The court filings allege negligence on the part of the county for failing to address poor road conditions in the area of the crash and failing to take action to prevent vehicles from crossing over the center area of the road.
Police previously reported that a Nissan Maxima driven by 22-year-old Justin Mendez of Brookhaven was westbound on the highway when it left its lane and drove into oncoming traffic, colliding with an eastbound Toyota Prius, driven by Uber driver Farhan Zahid, age 32, of Bay Shore.
Both drivers were killed in the crash. The three passengers in the Toyota who were killed in the crash were 25-year-old Ryan Kiess, along with James and Michael Farrell. Another passenger, Brianna Maglio, was critically injured.
Police previously cited speed as a possible factor in the crash, saying an officer had seen Mendez speeding before the crash but was unable to pull him over.
The court filings allege that for years, Suffolk County and the County Engineering Department haven't addressed "the deplorable conditions of their roadways, especially Montauk: Highway."
The court documents said the county did not take "reasonable measures" to prevent crashes in these areas, such as adding speed humps, studying the area, and providing updated warnings and lights prior to the curve in the road.
"The COUNTY OF SUFFOLK contends that its roads are 'not that bad' while Suffolk County residents know better," the court filings read. "This is especially true on Montauk: Highway which has been consistently neglected for years with respect to its lack of engineering review and modernization."
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