Man injured in Irondequoit sink hole crash files lawsuit in NY Supreme Court

The driver of a car swallowed by a sinkhole in Irondequoit in August has filed a lawsuit in state Supreme Court.

The plaintiff, Frankie Hernandez, is accusing the town of Irondequoit, Monroe County, the Monroe County Water Authority, and contractor C.P. Ward Inc. of negligence.

About 5 a.m., Aug. 16, during heavy rains that caused flooding in the area, Hernandez and his wife, Brenda Wyche, were driving on St. Paul Boulevard delivering the Democrat and Chronicle newspaper when their car suddenly crashed into a 12-foot-deep hole.

Hernandez, who is represented by attorney Albert J. Parisi, was in the back seat of the car. He suffered serious permanent injuries to his head, neck, back, arms, hips, and legs, the suit claims.

Wyche, who was driving the car, suffered no serious injuries. She was treated at released from Strong Memorial Hospital.

Hernandez filed a notice of claim with the town, the county, and the Water Authority within 90 days of the incident, but the defendants have refused to pay for the claim, according to the complaint.

The lawsuit claims the incident was caused by the failure of a sewer and water main owned and operated by the town, county, and Water Authority “which caused a sinkhole to form and swallow the vehicle plaintiff was traveling in.”

The lawsuit claims the failure of the “sewer and water main ordinarily does not happen in the absence of someone’s negligence.”

According to the suit, the town, county, and Water Authority contracted with C.P. Ward to maintain water mains in Monroe County.

The defendants permitted or caused the dangerous condition and failed “to provide people with a safe place to drive or was otherwise negligent.”

The “dangerous or defective condition” of the sewer and water mains “existed for a long period of time prior to the incident” and the defendants should have been aware of the problem, the suit claims.

“The dangerous or defective condition of the sewer and/or water main existed for a long period of time prior to the incident” … and the defendants “should have had notice and knowledge thereof,” the suit claims.

The complaint does not state a specific amount of damages being sought.

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