The Digital Collegian - Published independently by students at Penn State NEWS
[ Tuesday, July 25, 2006 ]

Serrano family settles lawsuit

Collegian Staff Writer

The mother of the Penn State junior who died in front of a State College bar in October 2003 has settled a civil suit against six people she claimed were responsible for her son's death.

Grace Jimenez, the mother of Salvador Peter Serrano, agreed to settle a federal court lawsuit as well as a state suit filed against the All-American Rathskeller, 108 S. Pugh St., and six of its employees who she said were responsible for the death of her son.

Serrano died after an argument with Rathskeller bouncers, who held him on the ground outside the bar until police arrived, an investigation revealed. During that time, Serrano vomited, choked and became unresponsive. He died later at Mount Nittany Medical Center.

Jimenez and Serrano's fiancée, Brooke Morgan, came to a confidential agreement with the defendants in return for a dismissal of the civil suit, Louis C. Schmitt, lawyer for the defendants, said.

Schmitt said the terms of the settlement are confidential, but added that money was only part of the "fairly complex" agreement.

"There are a number of elements that went into the settlement," he said. "Some involve money and some do not."

Schmitt said all parties voluntarily entered into negotiations in February and Jimenez and Morgan requested to keep the terms confidential.

He added that Jimenez and Morgan had filed a suit against his clients -- Colin Haughton and the four Rosengrant brothers, all employees of the Rathskeller -- in the federal courts and the state court. He said the settlement encompasses both suits.

The settlement does not resolve the case Jimenez and Morgan filed against the borough of State College.

Jimenez's lawyer, Louis Bové, said although a judge dismissed his client's case against the borough last month, he will be filing an appeal within 30 days.

The case will go on to the 3rd circuit court of appeals, one level before the U.S. Supreme Court.

The civil case is separate from the December 2004 criminal case in which Christopher and Jason Rosengrant were acquitted of involuntary manslaughter.

"We all would have preferred that settlement would never have had to been reached," Schmitt said. "Everyone involved in this case lost something. I don't think anyone came out saying we won something."

The incident occurred as Serrano, Morgan and two friends were walking in Calder Way behind the Rathskeller, when one friend, Timothy Padalino, stopped to urinate, according to court documents.

Rathskeller employees saw Padalino urinating and asked the group to leave, which led to an argument.

Serrano was pushed to the ground by employee Christopher Rosengrant and then restrained by another employee, Jason Rosengrant.


 



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