Published: May 14, 2008 10:56 am            

Attorney: Teen caused her own death

NEW CASTLE, Pa. — Joshua Stewart cannot be made responsible for the actions of a New Castle teen who caused her own death.

Attorney Keenan Holmes made the above argument Tuesday in filing a motion to dismiss a civil lawsuit against his 17-year-old client and his mother and stepfather, Charmagne and Alton Henry.

Veronica Million-Passerrello filed the suit in Lawrence County common pleas court Nov. 13, 2007, in response to the death of her 16-year old daughter, Erica Jo Million.

Million, a New Castle High School sophomore, ingested oxycodone on Feb. 27, 2007. She died five days later in Presbyterian Hospital, Pittsburgh. Her death was ruled accidental.

Million-Passerrello, a West Pittsburg resident, is seeking compensation for wrongful death under Pennsylvania’s Survival Act. She is pursuing damages in excess of $25,000 on each count.

After a juvenile hearing last month, Judge John Hodge found that evidence supported a juvenile charge of possession with intent to deliver against Stewart. Hodge then followed the county Juvenile Probation Office’s recommendation to place Stewart on probation.

“(Million-Passerrello’s) complaint should be dismissed because, under Pennsylvania law, a plaintiff may not recover for damages that arise from plaintiff’s own criminal or wrongful conduct,” Holmes wrote in his motion.

“Further, Pennsylvania precedent makes clear that a minor does not owe a duty to another minor for damages that result from furnishing intoxicating substances, and that it is consuming the intoxicating substance, not supplying it, that is the proximate cause of any damages.”

Holmes cited case law from three states that aligned with commonwealth’s standard that a person may not recover damages as the result of his or her own criminal conduct.

In a related matter, Judge Thomas M. Piccione ordered the New Castle police department to release its investigative file on Million’s death to Million-Passerrello’s attorney, Edward J. Balzarini Jr., and Holmes.

Piccione issued his ruling Thursday.



Patrick E. Litowitz writes for the New Castle (Pa.) News.

        

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