Man sues Babylon over snowplow damage

A West Babylon man is suing the Town of Babylon after it refused to pay for damages to his car caused by a town snowplow.

Dan Fardella, 57, said his 1997 Honda Accord was parked on Muncie Road near his home on Dec. 27 when a town snow plow crashed into it. The car's rear driver-side door has to be replaced, Fardella said, along with a portion of the side of the car. He filed a claim with the town, expecting to be reimbursed for the repair costs. "It was an open-and-shut case as far as I thought," he said.

But a few weeks ago, Fardella received a letter from the town denying payment on his claim. The town acknowledges Fardella's car was hit by one of its plows, but said in the letter that there was "no evidence that the town vehicle engaged in reckless disregard for the safety of others."

Town attorney Paul Margiotta said he could not comment specifically on Fardella's claim, but pointed to state law, upheld by the state court of appeals, which exempts vehicles such as plows that are engaged in highway work from the "rules of the road." The law's only exception is when such vehicles are operated with "reckless disregard for the safety of others."

Margiotta said this exception is difficult to prove. "It's got to be a situation where you perceive the accident happening and say, 'I don't really care if it happens,' " he said. "It's akin to throwing a grenade into a building and saying, 'I don't care if there's anybody in here and they get killed.' "

Fardella said he was taken aback by the denial because everyone -- from the policeman who filed an accident report to the auto body workers from whom he received estimates -- said the town would pay out. "I was so optimistic because everyone had basically given me the impression that they had been through this with the town thousands of times before," he said. "I can't believe that they've never paid a claim like this."

Margiotta said that since he's been town attorney for the last three years, no such claims have been paid out. He said the town has received about 30 similar claims so far this year.

SEE PHOTOSSnowstorms that buried LI over the past 100-plus years

Last week Fardella filed a lawsuit against the town, asking for $2,800 to fix his car and $600 for a car rental he'll need while his car is in the shop.

"This whole thing doesn't make any sense at all," he said. "I think they're just looking for a loophole to put people off so they don't file these claims."