The Palm Beach Post

Lamborghin­i driver denies fault in fatal crash in Delray

- By Lulu Ramadan Palm Beach Post Staff Writer lramadan@pbpost.com

The health mogul behind the wheel of a Lamborghin­i involved in a fatal wreck in mid-September denied fault in the crash in response to a lawsuit filed against him, according to court documents.

Roger Wittenbern­s, 60, is being sued by Eloise Smith, who represents the estate of her late husband, J. Gerald Smith, an 82-year-old Uber driver killed in the crash.

Wittenbern­s’ attorneys wrote in a response, filed on Jan. 5, to Smith’s lawsuit that Wittenbern­s denies claims that he was at fault in the crash. The response also says J. Gerald Smith, whose SUV was struck while driving west on Northeast First Street at Federal Highway, contribute­d to the deadly crash.

The response also blames the city of Delray Beach and the Florida Department of Transporta­tion for roadway conditions that contribute­d to the wreck.

Wittenbern­s was speeding north on Federal Highway as his girlfriend, Patty Ann McQuiggin, drove a Porsche alongside him, according to city police. He slammed into Smith’s SUV as it was westbound on Northeast First Street.

Witt enberns l a t er tol d police he and McQuiggin had been drinking that afternoon, investigat­ors said.

Smith’s lawsuit claims Wittenbern­s was intoxicate­d, speeding and negligentl­y operated the Lamborghin­i at the time of the wreck.

The crash prompted action from the city and the department of transporta­tion after a traffic study revealed safety improvemen­ts were necessary at the intersecti­on involved.

The DOT will add signs, but not a traffic light at the intersecti­on.

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