Estate files wrongful death lawsuit

By BRIAN KELLY
TIMES STAFF WRITER
SUNDAY, NOVEMBER 15, 2009
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The estate of a Carthage woman who died in a motor vehicle accident allegedly caused by a missing stop sign has filed a wrongful death lawsuit against several parties, including the town of LeRay.

Deborah J. Carpenter, 54, died May 5 of injuries she suffered after being involved in a two-vehicle accident at Waddingham and Goulds Corners roads in LeRay. State police said the accident was likely caused by the absence of a stop sign at the intersection of the two town roads.

Mrs. Carpenter was traveling east on Waddingham Road, which was supposed to have a stop sign at its intersection with Goulds Corners Road, but the sign was not in place. Her vehicle entered the intersection without stopping, colliding with a van operated by Michael J. Sykes, Dexter. Billy A. Russell, executor of Mrs. Carpenter's estate, filed suit Tuesday at the Jefferson County Clerk's office against Key Equipment Finance Inc., Albany, A&E Factory Service LLC, New York City, Mr. Sykes and the town of LeRay.

The suit claims Mr. Sykes was operating a van owned by Key Equipment while working for A&E, an appliance repair business. It is alleged that he was negligent by failing to take evasive action to avoid the crash, driving at an excessive speed and failing to slow the van at the intersection.

It is alleged in the suit that LeRay was negligent by, among other things, not properly maintaining the stop sign. It is claimed the sign was missing for a sufficient amount of time that the town should have replaced it.

A LeRay teenager was later charged with petit larceny for taking the sign, although a state police investigator said there was no evidence that he had caused the sign to be down.

The lawsuit does not specify an amount being sought in damages. Mrs. Carpenter's estate is represented by Syracuse attorney Donald S. DiBenedetto.

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