If all goes accordingly, a resolution in a initiated by the Marino family, of Hampton Bays, against Caroline Goss, of Mattituck, will come on Thursday — just days before the anniversary of the death of , 15, who was riding his bike in August 2009 when he was struck and killed by Goss.
According to Edmond C. Chakmakian, the attorney for Dorothy Marino, a tentative settlement in the civil case, which was prompted four years ago, requires Goss to take the stand and admit guilt, as well as pay the Marino family $300 a month for the next 20 years.
In addition, the agreement includes a $100,000 insurance payment to the Marino family.
"The family is somewhat satisfied that civilly [Goss] will have to take responsibility and admit the truth. That is what they family has wanted," said Chakmakian, an East Hampton resident. "She has sidestepped the responsibility, and has claimed not to be drinking as much as she did."
In 2010, Goss, who had her 6-year-old son in the car when the accident occurred, was sentenced to a six-month jail sentence and five years probation. She was released after four months.
Chakmakian said the monetary settlement was based on what Goss can afford.
"[Goss] has two children and we didn't want them to suffer," he said. "We think it is punishment enough that she will have to think about what she did wrong and didn't think her children should suffer."
Chakmakian estimates that Goss' $300-a-month payments will end just as her youngest child graduates college.
"She will have to remember that Joseph will not be graduating as her child does," he said.
Tony Palumbo, Goss' Mattituck attorney, said that he hopes that the case is resolved so that the Marino family "does not have to relive the nightmare and death of a son."
"We have to try to reach an agreement." said Palumbo, indicating that he does not see a need for Goss to make an allocution on the stand.
"I don't see a need for that other than grandstanding. She has already admitted, under oath, to vehicular manslaughter and as a result, she is certainly liable," he said.
All parties are expected to appear in court in Riverhead on Thursday morning.
Dorothy Marino said she has hopes Thursday will bring a partial end to a long journey.
She said, "The pain and sorrow of Joe not being here with us will never end. But at least we can put this part of it to rest. The part where she finally receives due punishment for her crime and tells us that is really was all her fault."