A party held at the home of a millionaire, where underage drinking led to the death of a 17 year-old boy, is at the center of a wrongful death suit naming the millionaire and others for negligence, as reported by the Trib Live.
The suit alleges that Joe Hardy, the founder of 84 Lumber, was aware that his teenaged daughter held parties in their home where alcohol was served to minors. On September 10, 2011 one guest, Z.N., 17, died in a car that was driven by S.D, also 17, after they left the party.
S.D., of Uniontown, had a blood alcohol content of 0.136 percent when he crashed his vehicle into a tree in the Nemacolin Woodlands Resort. One of his passengers, Z.N., died five days after the crash.
The suit, filed in Fayette County by Z.N.'s parents, D.N and T.N., states that Hardy's daughter, P.H., then 15, served whiskey and rum to guests at her party – including S.D.
The Pittsburgh-based law firm, Thomas E. Crenney Associates, in representing the N. family wrote, "Based on information and belief, Joseph Hardy III knew and/or likely knew and/or had every reason to know that (P.H.) had in the past and would likely on that date supply her teenage friends with alcohol that was readily available, unsecured and unguarded at their common home."
The suit states that Hardy was in the home when the teen guests arrived and, though he was aware that P.H. would serve alcohol, he "did not lift a finger to stop that (drinking) from happening."
The teenagers drank at the Hardy home, at "the tree house" in the resort and, at about 10:30, in the resort's swimming pool.
According to the suit, S.D. drove three other teenagers, including P.H. and S.N., as passengers. In taking a sharp curve on Hardy Boulevard, S.D. lost control of his 2006 Honda Civic and ended up crashing head-on into a tree.
Allegedly P.H. sat in the front seat with S.D. to help him navigate a road he was unfamiliar with, however P.H. failed to warn him of the upcoming curve.
Z.N. was ejected from the vehicle's back seat, suffered major head trauma and died of his injuries in the Ruby Memorial Hospital five days later.
Named in the suit are Joseph Hardy III, P.H., S.D., Nemacolin Woodlands Inc. and Nemacolin. Nemacolin is named as Z.N.s parents contend that the speed limit at the curve of the road is set at 25 mph – and it's much too high for the design.
S.D. was driving at a speed determined to have been between 32 and 39 mph.
S.D. was charged as a juvenile with homicide by vehicle, homicide by vehicle while driving under the influence, aggravated assault by vehicle and driving under the influence. In March he was ordered to spend 45 days in an alcohol treatment facility and to give 12 speeches to teens about DUI.
The family seeks in excess of $50,00 for a total of eight counts in the lawsuit.
If you have lost a loved one due to the negligence or recklessness of another party you have grounds for a wrongful death lawsuit. Click here for our directory so that you may contact a personal injury lawyer for help.