The parents of a 17 year-old boy, who was killed in a car crash after attending an underage drinking party in a resort, have been offered a $200,000 settlement for their wrongful death lawsuit, and have filed a petition agreeing to the offer, as reported by the Trib Live.
Z.N., of Fayette County, died on September 15, 2011, after the vehicle he was riding in struck a tree in the Nemacolin Woodlands Resort five days earlier.
D.N. and T.N, the parents of the killed teen, filed their suit in October 2012 against the founder of the resort, J.H., driver S.D., the Nemacolin Woodlands Inc. and Nemacolin Inc.
The suit originally named J.H.'s daughter. P.H., 15, in the suit as she had hosted the drinking party but she was cleared of any liability. A judge ruled that minors serving alcohol to other minors did not fall under the "social host" doctrine.
However, J.H. allegedly knew that his daughter frequently held drinking parties – one just prior to this one – and failed to do anything to stop them. This information was noted in the suit as a reason for his liability.
On the night of the accident Z.N. and other teens left P.H.'s party and piled into a car together. The driver of the vehicle was 17 year-old S.D. His blood alcohol was 0.136 percent – well about the state's limit of 0.02 for an underage driver.
According to online court records, attorneys for J.H. offered the settlement and attorneys for D.N. and T.N., Thomas E. Crenney & Associates of Sewickley, filed a petition showing their agreement to the offer. It is now in the hands of a judge to approve it. All claims against J.H. would then be concluded, without any admission of liability or wrongdoing.
Crenney said that D.N. and T.N. were willing to settle as they were "nearly certain that both (J.H. and P.H.) would be dismissed from the case."
According to Crenney, D.N. and T.N. agreed "to a modest partial settlement because the court had already dismissed (P.H.) from the case, even though there was clear and convincing evidence that she provided her father's alcohol to (S.D.) and other teenagers that night."
Though there was the suggestion that J.H., Crenney said, was negligent, "under Pennsylvania law, it is virtually required that the adult host actually provide the liquor to the minors himself."
Though claims made against J.H. will soon be over, the lawsuit against S.D., Nemacolin Woodlands Inc. and Nemacolin Inc. will continue.
The $200,000 settlement is broken down as follows: Z.N.'s estate will receive $93,510.19, D.N and T.N. will received $31,170.06, Crenney and his law fill will received $58,275 for legal fees and $17,044.75 for reimbursable fees.
If someone's actions or inactions resulted in the death of your loved one, contact a personal injury lawyer to file your lawsuit. Settlements, or an award by a judge or jury, will help defray attorney's costs and your own damages.