News

November 19, 2009 at 4:57 AM

Judge rules lawsuit ended

A Centre County judge ruled last week that a $100,000 settlement reached between a Penn State student's family and the man who struck him with his vehicle protects those who furnished alcohol to the driver from further litigation.

Laura B. Fry and Gregory J. Daughenbaugh were charged in connection with furnishing alcohol to Anthony Torsell, who was convicted of vehicular homicide and aggravated assault in 2007, according to court documents.

Torsell was behind the wheel on Oct. 28, 2006 with a .242 percent blood alcohol content (BAC) and struck two pedestrians on South Atherton Street, according to court documents.

Torsell, of Bellefonte, killed Richard Smith, then 21, and left former Penn State student Aaron Stidd, now 23, incapacitated as a result of the severe injuries from the accident, according to court documents.

The Stidds settled with the Torsells for $100,000 in 2008 and then filed a lawsuit against Fry and Daughenbaugh in excess of $50,000 each, according to court documents.

Centre County Judge Thomas Kistler ruled Nov. 10 that the settlement with the Torsells restricts the Stidds from suing other individuals in connection with the incident.

The settlement with the Torsells ended lawsuits against the Torsells, Nationwide Insurance and "all other persons, firms or corporations liable or who might be claimed liable" in connection with the incident, according court documents.

Daughenbaugh's attorney Joseph Green said he is satisfied with the ruling, but noted that the Stidds could appeal to the Pennsylvania Superior Court.

"From a practical standpoint, the law is very strong and clearly in favor of the parties who prevailed," Green said.

Attorneys for Stidd, Torsell and Fry could not be reached for comment as of press time Wednesday.

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