Correction appended
The two individuals who police say furnished alcohol to a former Penn State student convicted of vehicular homicide say a $100,000 lawsuit settlement should exclude them from further litigation.
Centre County Judge Thomas Kistler is expected to rule as early as this week as to whether Aaron Stidd's family may pursue their lawsuit against Laura B. Fry and Gregory J. Daughenbaugh, Jr., who both were convicted of furnishing alcohol to former Penn State student Anthony Torsell, said Fry's attorney Joseph Green.
The Stidds are suing both Fry, of Boalsburg, and Daughenbaugh, of Huntingdon, for compensation in excess of $50,000 in connection with the furnishings, according to court documents.
Torsell, of Bellefonte, was driving with a .242 blood alcohol content (BAC) on South Atherton Street on Oct. 28, 2006 when he struck Penn State student Stidd, now 23, and Richard Smith, then 21, who were crossing the street, according to court documents.
Smith died following the accident and Stidd still suffers from traumatic brain injuries, according to court documents.
Torsell was convicted of vehicular homicide and aggravated assault in 2007 and is serving a nearly six year sentence at the State Correctional Institution at Albion, according to court documents.
In 2007, the Stidds settled with Torsell for $100,000 and ended lawsuits against the Torsells, Nationwide Insurance and "all other persons, firms or corporations liable or who might be claimed liable" for the incident, according to court documents.
"The execution of that document released persons other than those named individuals," Green said. "Namely, Mr. Daughenbaugh and Ms. Fry."
Attorneys for Fry and Daughenbaugh want Kistler to dismiss the suit, arguing that a settlement the Stidds reached with the Torsells prohibits them from suing again in relation to the incident, Green said.
Kistler will decide whether Fry and Daughenbaugh are included in that settlement and a decision could come as soon as this week or in a couple of weeks, Green said.
Legal counsel for both Fry and Daughenbaugh met briefly Friday afternoon in front of Kistler and each said they had no more evidence or motions to file regarding their request for the lawsuit to be dismissed.
Bernie Cantorna, Stidd's attorney, was also present Friday but declined comment.
Correction: This article incorrectly stated whom attorney Joseph Green is representing. He is representing Gregory J. Daughenbaugh.