Posted on September 16, 2008 4:59 AM
Family faces suits
A previous version of this story incorrectly attributed information to Daniel Doyle. This correct version of the story can be found below.
Almost two years after Anthony Torsell struck and killed one pedestrian and injured another in downtown State College, the parents of the deceased man have filed a wrongful death suit against the driver and several of his friends and family members.
Richard A. Smith, 21, died Oct. 28, 2006 after Torsell, a Bellefonte native and former Penn State student, struck him and Aaron Stidd, then 20, with his Buick Skylark while Smith and Stidd were crossing the street at the Beaver Avenue and Atherton Street intersection.
Stidd was critically injured as a result of the incident.
Torsell was convicted of vehicular homicide, aggravated assault and three separate counts of driving under the influence in September 2006 and is serving a more than five to eight year sentence in The State Correctional Institution at Albion.
Friday, Smith's parents, Arthur R. Smith, of Chadds Ford, Pa., and Ann Marie Brutch, of Ridley Park, Pa., filed a lawsuit against Torsell and some of his family and friends, seeking monetary compensation because of negligence they say resulted in Richard's death.
Daniel Doyle, the attorney for Smith's parents, said the suit came after a period of investigation.
"Quite honestly, we feel that there's an environment at a lot of colleges, especially Penn State, where this kind of binge drinking and negligent behavior is tacitly condoned by friends and family members," he said. "They kind of look the other way instead of taking an active role. And in our investigation, we feel that's exactly what happened in this case."
Torsell is being sued for negligent, careless and reckless driving, which includes driving while intoxicated. Police said Torsell was driving at least 17 miles per hour over the speed limit and that his blood alcohol content (BAC) was .242 at the time of the incident.
The legal limit to drive in Pennsylvania is 0.08, but because Torsell was 20 years old at the time of the incident, he would have been considered to be driving under the influence with a BAC of 0.02.
According to the suit, Smith's parents are also suing Torsell's parents, Daniel and Leslee Torsell, of Fayston, Vt., for allowing Torsell to drive their vehicle despite knowing Torsell had a habit of driving drunk.
"Prior to relinquishing the keys to that vehicle to Defendant Anthony Torsell, Defendants Daniel Torsell and/or Leslee Torsell knew or had reason to believe that Anthony Torsell would operate said vehicle in a negligent manner, including but not limited to driving while intoxicated," the lawsuit states.
Torsell's grandparents, Frank and Donna Clemson, of Bellefonte, are being sued because they owned the 313 W. Prospect Ave. property where Torsell resided and drank before the Oct. 28 incident, according to the suit.
The suit states the Clemsons "knew or had reason to believe that Anthony Torsell would use the property for underage drinking, parties with illegal drinking and other dangerous activities involving alcohol consumption on a regular basis."
Donna Clemson would not comment on the suit.
Smith's parents are also seeking compensation from two of Torsell's friends, Laura Fry, of Boalsburg, and Gregory Daughenbaugh, of Huntingdon. The suit alleges both Fry and Daughenbaugh provided Torsell with alcohol in the hours leading up to the incident.
Joseph Amendola, Torsell's attorney during the criminal trial, could not be reached for comment.