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Cyclist struck by police car may sue, alleges officer was negligent

09/26/2016 6:00 AM |

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A 65-year-old Greenport bicyclist who was hospitalized after she was hit by a police vehicle has filed a notice of claim against Southold Town, its police department and the officer involved in the crash.

The notice, filed on Sept. 1, alleges officer Frank Rogers was negligent in his duties by “negligently, carelessly, and/or recklessly” striking Lynne Webb while she rode her bike on Route 25 June 15.

The notice filed by Ms. Webb’s attorney did not specify damages she is seeking.

But Police Chief Martin Flatley said officers spoke to at least two witnesses who claim Ms. Webb pulled out in front of Mr. Rogers’ vehicle just before the accident and said the allegations made in the notice of claim — a precursor to a potential lawsuit — were unproven allegations.

“We’re very confident that we know exactly what took place in that accident, not only by our officer’s account of the accident but the witnesses’ account of that accident as well,” Mr. Flatley said. “And it all backs up the officer’s account.”

Mr. Flatley said he was unsure if a dashboard camera captured evidence of the accident.

Michael Montgomery, Ms. Webb’s West Islip-based attorney, declined to comment on the claims. Ms. Webb couldn’t be reached for comment.

She suffered a fractured ankle in the June accident, authorities said at the time. Ms. Webb was riding east on a bicycle in the south shoulder of Route 25 when she tried to cross the roadway north at the intersection of Sound Road about 3 p.m., according to a police press release.

In the release, police said Ms. Webb “failed to yield for an oncoming Southold Town Police Department vehicle on routine patrol” and was struck by the car. She was treated at Stony Brook University Trauma Center for her injuries.

A formal lawsuit has not yet been filed in state Supreme Court, according to online court records.

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