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Smithtown to settle crash lawsuit for $50,000

This is Smithtown Town Hall in an undated

This is Smithtown Town Hall in an undated photo. Photo Credit: Erin Geismar

The Town of Smithtown plans to settle a lawsuit for $50,000 involving a collision between the operator of a town truck and an 11-year-old boy on a bicycle.

Smithtown Town Board members voted unanimously, 5-0, Tuesday to settle the case that was originally filed in February 2007, town attorney Matthew Jakubowski said.

Alec M. Falcone, 11 at the time, and his father, John P. Falcone, sued the town following the 2006 accident, Jakubowski said. A town parks department employee was operating the pickup truck on Route 25A near the parks department office in Kings Park when a collision occurred between the truck and the bicyclist, Jakubowski said.

"The town truck allegedly pulled in front of the bicycle and the bicycle struck the truck," he said.

According to the suit, Falcone suffered injuries including a skull fracture and a cerebral laceration, Jakubowski said.

Seth Fields, a Hicksville-based attorney who represented the Falcones, said, "We felt that in light of Alec's full recovery from his injuries, that the amount that was offered represented fair and reasonable compensation."

An attempt to reach John P. Falcone was not immediately successful.

Jakubowski said the settlement was "actually authorized in 2011, and was recently finalized after the plaintiff was of age to consent to a settlement."

Documents show that the Falcones requested a summary judgment in the case in 2008, but former Suffolk County Judge Martin J. Kerins denied the petition.

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