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Wrongful death suits settled in Mt. Top crash – Standard Speaker

The parents of a 16-year-old boy killed last summer in an alcohol-related rollover crash in Mountain Top have settled a wrongful death lawsuit against the driver and the man who purportedly supplied him with alcohol.
Daniel and Carolyn Madry of Wright Township will receive a $ 400,000 uninsured motorist payout from USAA Casualty Insurance, $ 100,000 from AAA Mid-Atlantic and $ 25,000 from GEICO, according to court documents filed last week.
Attorneys for the Madrys are expected to take 40 percent of the settlement payments, which cover the driver, Adam Fredmund, and the alleged alcohol supplier, Kenneth J. Rushinski, along with compensation for unspecified for costs.
A lawsuit against the Glen Summit Co., which owns the gravel road leading to a private lake in Fairview Township where the crash occurred, will continue, according to the documents.
Fredmund, while buzzed on alcohol-infused iced tea, sped along the road in his sister’s 2004 Kia around 2:06 a.m. July 18, 2011, racing away from a Fairview Township house party at nearly 60 mph, according to prosecutors. The car fishtailed and flipped, and Madry was ejected.
Fredmund told investigators he drank two bottles of Twisted Tea before asking Madry to go with him for a ride and a cigarette despite not having a driver’s license, prosecutors said.
A judge last September ordered Fredmund to serve an indefinite term at United Children’s Home in West Hazleton.

By |August 13th, 2012|News|Comments Off on Wrongful death suits settled in Mt. Top crash – Standard Speaker|

Widower files for wrongful death suit in drowning

The husband of a woman who drowned in a private community’s lake last year has filed a wrongful death lawsuit against the Hazle Township development and a boat operator.

Gina DeVitis, 33, died on July 24, 2011, while swimming to shore in Lake Susquehanna from a pontoon boat commanded by Keith Dasher.

The civil suit, which was filed by Joshua DeVitis, of Hazle Township, on Tuesday in Luzerne County Court of Common Pleas, accuses Dasher, 50, of Hazle Township, and the development Eagle Rock Resort Inc. of negligence.

The lawsuit seeks damages in excess of $ 250,000 and also names development operator Double Diamond Inc., Texas, as a defendant. Other charges in the complaint are wrongful death, survival action and punitive damages.

Attempts to reach Dasher, Eagle Rock and Double Diamond for comment were unsuccessful Wednesday.

The 22-page lawsuit states the DeVitis couple and friends gathered for a picnic at the lake July 23 and boarded Dasher’s boat around 9 p.m. The number of people on the boat exceeded the boat’s capacity rating, the lawsuit states.

The passengers were taken to the lake’s dock, where they used it for swimming and other activities. The group was drinking.

At one point Gina DeVitis decided to swim to shore.

When her husband, Joshua, found out, he entered the lake to swim with her. Neither was offered a flotation device by Dasher, and Dasher never attempted to stop either from swimming, the lawsuit states.

Instead, the complaint states, Dasher continued to drink and play loud music on his boat.

As Joshua DeVitis swam toward Gina, he became disoriented “in the dark, murky waters of the lake.” Visibility was further hampered by the lack of lighting from Dasher’s boat, the complaint states. DeVitis yelled for his wife, but [...]

By |July 27th, 2012|News|Comments Off on Widower files for wrongful death suit in drowning|