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closeBELLEFONTE — The defendants in a civil suit brought by the family of a pedestrian who was seriously injured when he was hit by a car are arguing the case should be dismissed because of a release the family signed in exchange for $100,000.
Anthony Torsell, of Bellefonte, was driving drunk on Oct. 28, 2006, when his vehicle struck pedestrians Richard Smith, of Conshohocken, and Aaron Stidd, of Huntingdon. Smith was killed. Stidd suffered permanent traumatic injuries.
Torsell is serving a more than five-to eight-year sentence in state prison after being convicted of DUI, homicide by vehicle while DUI, and aggravated assault by vehicle while DUI.
Stidd and his parents filed suit against Laura B. Fry and Gregory J. Daughenbaugh Jr., who they say gave Torsell alcohol before the crash. Attorneys for Fry and Daughenbaugh, and Torsell’s attorney, appeared briefly before Centre County Judge Thomas King Kistler on Friday. Kistler will issue a ruling on the motion to dismiss the case.
“I think the law is very strong in favor of the parties who have moved for dismissal,” said Joe Green, Daughenbaugh’s attorney.
He and Fry’s attorney argue in their briefs that the case should be dismissed because of an agreement the Stidds signed with Torsell and Nationwide Insurance releasing them from claims.
The Stidd family argues in a brief that the release only applies to claims against Torsell, not to claims against Fry and Daughenbaugh.
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