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A Huntington man who was paralyzed while swimming in South Edison Beach has filed a lawsuit against East Hampton Town and Suffolk County, claiming that more could have been done to prevent his catastrophic spinal cord injury.
What Happened?
Dominic Cataldo, 24, was swimming with friends at South Edison Beach in August of 2023. According to the suit, they placed their belongings near the lifeguard stand and “repeatedly entered the ocean at that location in front of the lifeguard tower.” They say they were in view of the lifeguards when they were in the water, and they were constantly pulled westward by the current while they swam beyond the breaking waves.
Cataldo says he routinely floated on his back with his feet pointing towards the shore, with the waves approaching behind him. He says a wave broke behind him, sending him to the ocean floor. He sustained a spinal cord injury that left him paralyzed.
Who Is At Fault For This Injury?
According to the lawsuit, a lack of warning signage on the beach, coupled with the lifeguard’s failure to warn Cataldo about potential risks, contributed to the injury.
Specifically, the suit points out the town and county’s “negligence, recklessness and carelessness” for failing to “set up and implement a proper flag system” and “utilize signage warning beachgoers of surf and water hazards.” It also says the lifeguard failed to warn Cataldo “that lying on his back with his head to the sea and feet to the shore presented a danger of significant injury, in that a wave could overcome [him] and forcibly propel him to the ground beneath the water.”
Cataldo’s attorney, Stuart L. Finz with the firm Finz & Finz, P.C., said that the lifeguard’s breach of duty of care resulted in a permanent injury.
“When we go to the beach—and he was in the sight line of a lifeguard—we have a right to expect that the lifeguard will take action to warn the swimmer of a known danger to prevent harm,” Finz said. “Here, Dominic was clearly within the sight line of the lifeguard and received no warning whatsoever as to the peril that Dominic was about to enter.
“We say the lifeguards had an absolute obligation and duty to … be on alert for this type of situation,” Finz said, “and to warn swimmers when they are in a position, or entering a position, of peril. And here, we say, they failed to do so and that resulted in this tragic injury of a young man who is now a paraplegic.”
Late Notice of Claim
Cataldo filed the lawsuit against East Hampton Town and Suffolk County. Typically, injury claims against municipalities must be filed within 90 days of the incident. However, his attorney argued that since Cataldo had been hospitalized and in rehab facilities for months and focused on his recovery, he was unaware of this deadline. His legal team filed a motion known as a late notice of claim.
Official Response from the Town’s Chief Lifeguard
According to an article on 27east.com, the town’s chief lifeguard, John Ryan Jr, declined to comment on the East Hampton town accident lawsuit. “I do know the incident took place outside of our protected bathing area,” Ryan said.
For matters relating to the lawsuit, Ryan deferred to the town attorney, Robert Connelly, who did not respond to the news site’s request for comment.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
