The family of a man killed in a wrong-way crash on Interstate 86 in 2023 has filed a wrongful death lawsuit in state Supreme Court.

Attorneys representing Sandra Town, Joseph Town and the estate of Todd A. Town have filed a suit in state Supreme Court in Mayville against Werner Enterprises Inc., Darnell B. Cox, Jessica L. Puntillo II and the estate of Matthew Berry. The suit was filed Tuesday.

The lawsuit seeks compensatory damages for the wrongful death of Todd A. Town, compensatory damages for injuries and losses sustained by Sandra Town and Todd Town before he died, funeral expenses, damages arising from pre-impact physical pain and suffering, mental terror and mental anguish of the Towns.

“That as a result of the defendants’ negligence herein the plaintiff, Sandra Town was deprived of the services and consortium of her husband, the decedent Todd A. Town,” the lawsuit states. “That as a result of the above, the plaintiff, Sandra Town, has been damaged in a sum which exceeds the jurisdiction of all lower courts which wouldotherwise have jurisdiction in this action.”

The accident happened Jan. 28, 2023, when two people, one of whom was driving the wrong way in the westbound lane of Interstate 86 between the Strunk Road and North Main Street Extension exits.

According to the New York State Police, the agency handling the investigation, a driver in a 2009 Toyota Camry traveling east struck a westbound 2019 Ram 1500. The Ram was then hit from behind by a 2020 Freightliner.

The operator of the vehicle traveling in the wrong direction, later identified as Mathew A. Berry of Randolph, was pronounced dead at the scene. Police said Berry had been reported missing earlier in the day. There were two occupants in the Ram that was traveling west; one of the occupants, identified as Jamestown resident Todd A. Town, 57, was later pronounced dead while the other, Sandra L. Town, 54, suffered serious injuries and was transported by helicopter to UPMC Hamot in Erie, Pa.

A witness to the accident told The Post-Journal after the accident that he tried to warn other drivers of the vehicle traveling the wrong way on I-86, flashing his vehicle’s lights and blowing the horn.

With its headlights off, the vehicle drove past Morrison and his wife in the left lane. It was about 5:45 p.m.

“You could tell they were going fast,” Morrison said Monday. “It just seemed like they were flying. … As soon as it happened, I knew someone was going to get killed.”

About 5 miles later, the east-traveling sedan struck a 2019 Ram 1500 head-on, killing the wrong-way driver as well as an occupant inside the pickup truck. The New York State Police over the weekend said its investigation into the collision remained ongoing.

“We knew something was going to happen,” Morrison said.

From their vehicle, the Morrisons called 911 after encountering the wrong-way 2009 Toyota Camry, being operated by 30-year-old Mathew Berry of Randolph. The lawsuit filed by the Town family alleges the vehicle Berry was driving was owned by Jessica Puntillo of Randolph, which is why she is named in the lawsuit. The tractor trailer involved in the accident was driven by Darnell B. Cox and owned by Werner Enterprises with a Nebraska registration. The lawsuit alleges Puntillo should be held liable for permissive operation of her vehicle while the trucking company should be held liable because it allowed Cox to operate its tractor-trailer.

“That said collisions were caused solely and wholly by the negligence, recklessness and wanton disregard for the safety of others of the defendants herein,” the lawsuit alleges.