Originally posted by: compuwiz1
It would be nice if you could be a tad bit more respectful and argue law somewhere else. This is not the place for this crap.
Rip acemcmac!
http://www.collegian.psu.edu/archive/2009/11/02/stidd_case_to_see_ruling_on_la.aspxPosted on November 2, 2009 4:58 AM
Stidd case to see ruling on lawsuit
The Stidd family wants to pursue a lawsuit against those who furnished alcohol to Anthony Torsell.
The two individuals who police say furnished alcohol to a former Penn State student convicted of vehicular homicide say a $100,000 lawsuit settlement should exclude them from further litigation.
Centre County Judge Thomas Kistler is expected to rule as early as this week as to whether Aaron Stidd's family may pursue their lawsuit against Laura B. Fry and Gregory J. Daughenbaugh, Jr., who both were convicted of furnishing alcohol to former Penn State student Anthony Torsell, said Fry's attorney Joseph Green.
The Stidds are suing both Fry, of Boalsburg, and Daughenbaugh, of Huntingdon, for compensation in excess of $50,000 in connection with the furnishings, according to court documents.
Torsell, of Bellefonte, was driving with a .242 blood alcohol content (BAC) on South Atherton Street on Oct. 28, 2006 when he struck Penn State student Stidd, now 23, and Richard Smith, then 21, who were crossing the street, according to court documents.
Smith died following the accident and Stidd still suffers from traumatic brain injuries, according to court documents.
Torsell was convicted of vehicular homicide and aggravated assault in 2007 and is serving a nearly six year sentence at the State Correctional Institution at Albion, according to court documents.
In 2007, the Stidds settled with Torsell for $100,000 and ended lawsuits against the Torsells, Nationwide Insurance and "all other persons, firms or corporations liable or who might be claimed liable" for the incident, according to court documents.
"The execution of that document released persons other than those named individuals," Green said. "Namely, Mr. Daughenbaugh and Ms. Fry."
Attorneys for Fry and Daughenbaugh want Kistler to dismiss the suit, arguing that a settlement the Stidds reached with the Torsells prohibits them from suing again in relation to the incident, Green said.
Kistler will decide whether Fry and Daughenbaugh are included in that settlement and a decision could come as soon as this week or in a couple of weeks, Green said.
Legal counsel for both Fry and Daughenbaugh met briefly Friday afternoon in front of Kistler and each said they had no more evidence or motions to file regarding their request for the lawsuit to be dismissed.
Bernie Cantorna, Stidd's attorney, was also present Friday but declined comment.
http://www.centredaily.com/news/local/story/1771723.htmlStidd family sues their lawyer
Thursday, Feb. 04, 2010
BELLEFONTE Facing the prospect of millions of dollars in medical bills for their son, who was permanently disabled by a drunken driver speeding through a crosswalk, Aaron Stidd's family is suing a lawyer who they say kept them from collecting almost $1 million for his care.
J. Stidd shows his son, Aaron Stidd, his new bedroom in Huntingdon in 2007.
Aaron Stidd was a 20-year-old Penn State student when he was hit by drunken driver Anthony Torsell while crossing South Atherton Street at West Beaver Avenue. Stidd suffered debilitating brain injuries in the crash that left another man dead.
Now three years into his recovery, the Stidd family is suing Harrisburg attorney C. Lee Anderson, who they say gave them bad advice when he told them to sign a waiver releasing Torsell, his insurance company, and all other persons involved in the crash from future litigation in exchange for a $100,000 settlement.
The allegations are that he made a mistake that cost this family dearly, said State College attorney Bernard Cantorna, who filed the suit Wednesday on behalf of the Stidds. We have a grievously injured person who has monetary needs that will last a lifetime that are really almost incalculable, and a lawyer needs to make sure they recover from every responsible person because they only get one chance to go to court.
Last year, the Stidds tried to sue two of Torsells friends, Laura B. Fry and Gregory Daughenbaugh Jr., who were accused of giving alcohol to Torsell in the hours leading up to the crash. But the suit was thrown out when county Judge Thomas King Kistler found that Fry and Daughenbaugh fell under the other persons clause in the waiver.
When they signed the waiver, the lawsuit says Anderson told the Stidds that Fry and Daughenbaugh had no sources of income from which they could recover money.
Advertisement
The complaint alleges that, in fact, these two defendants had homeowners insurance policies that provided coverage for their negligent acts, Cantorna said.
That amount was up to $800,000, he said. There was also $150,000 worth of underinsured motorist benefits that could have been recovered in car insurance claims, Cantorna said.
But after signing the waiver, The only way that they can recover any funds is to go after the attorney who failed to sue, he said.
Anderson couldnt be reached for comment Wednesday.
Aaron Stidds father, J. Stidd, said he expects his sons future care will cost millions of dollars. The $950,000 that Cantorna thinks he could have collected would have gone into a trust fund for Aaron Stidds care when his parents are no longer able to care for him.
About 14 months after the crash, the Stidds completed building an addition to their Huntingdon home that allows enough space for their sons hospital bed, medical equipment and round-the-clock care.
They were able to bring him home, but are living on a fixed income since J. Stidd retired early to take care of his son.
When hes on his own, these monies will be used to provide for his care, Stidd said. This trust money is for those years. This is for the future.
Stidd has made progress in the three years since the crash, but still cant walk, speak or care for himself.
His father said he does read Sports Illustrated, TV Guide and the sports section of the paper almost every day, can stand with the help of a medical device, and keeps his spirits high with laughter.
Tuesday, May. 04, 2010
Torsell's message reaches students
Letter read during Law Day
BELLEFONTE — It was peer pressure and a false feeling of invincibility that led Anthony Torsell to think nothing worse than getting caught for DUI would happen when he got behind the wheel with a .24 blood-alcohol level nearly four years ago.
“How wrong was I,” he wrote in a letter read aloud to high school seniors across the county who were participating in Law Day at the county courthouse Monday.
With prom season quickly approaching, it’s a message that silenced the room of high school seniors each time victim witness advocate Mary Pinkerton began reading Torsell’s letter.
“It’s crazy; I can’t believe people get so reckless,” said Bellefonte Area student Kari Schlegel.
Written from his jail cell at the State Correctional Institution at Albion, Torsell detailed how he went from being a straight-A student in Bellefonte to a 20-year-old binge-drinker — forgetting the message his father instilled in him: “Think before you act.”
“It applies to every choice you make,” Torsell wrote. “If I would have done that, I would have realized the severe mistakes I was making and I probably wouldn’t be where I am today.”
Torsell is two years into a six-year state prison sentence that he is serving after being convicted of homicide by vehicle for the death of Richard Smith, of Conshohocken, and the permanent injury of Penn State student Aaron Stidd.
During heartbreaking testimony during his trial, Torsell’s friend recalled how he’d talked to him on his cell phone while Torsell was driving, begging him to take a taxi. Instead, Torsell replied, “I’ll be careful.”
Minutes later, his speeding car slammed into the men in the intersection of West Beaver Avenue and South Atherton Street.
Smith’s friend, Sameer Singh, told the victim witness advocates office the he “can still feel the wind as the car went by and that will haunt him for the rest of his life,” Pinkerton told the group of seniors.
Singh was 27 inches from the car.
Smith’s father approved of the presentation, telling Pinkerton if one person gets the message, “my son’s death is not for nothing,” she told the group.
“Whether you know me or not, whether you like me or not, please at least learn from me and the things I’ve done,” Torsell’s letter says. “Always think before you act. And, if when you are 21, of legal age, you choose to drink alcohol, remember always to take a taxi, not a life.”
Read more: http://www.centredaily.com/2010/05/04/1953761/torsells-message-reaches-students.html#ixzz0nFLdaQNP
That memory of acemcmac is emblazoned in my mind forever with every sunrise I am fortunate enough to see. Such impact is what keeps me updating this thread in order to keep his memory alive.Thanks for the update. Every time I see the sun rise, I remember what happened and think of him.
Torsell speaks up about the night that changed so many lives
Anthony Torsell
Tuesday, Jun. 01, 2010
Editor's note: The Centre County District Attorney's Office recently contacted Anthony Torsell and offered him the opportunity to share his experiences and thoughts regarding alcohol abuse and drinking and driving in an effort to help young people make safe, healthy decisions.
He composed the following letter, which was presented May 3 to high school seniors at the annual Law Day at the Centre County Courthouse in Bellefonte.
It is printed in full today with the permission of Anthony Torsell and his family.
My name is Tony Torsell. I am 24 years old and a 2004 graduate of Bellefonte Area High School. Currently I am serving a five-and- a-half-to 11-year prison sentence at the State Correctional Institution at Albion. Allow me to tell you a little bit about myself and why I am in prison.
I grew up and have lived most of my life in Bellefonte. I come from an average, middle- class family. I have three siblings, among whom I am the eldest. In high school I was a straight-A student, a multi-sport athlete and a member of various extracurricular activities. I spent my free time hanging out with friends and occasionally volunteering my time to the community and to my church.
After high school, I attended Clemson University in South Carolina for two years. In 2006 I transferred from Clemson to Penn State to study sports medicine (kinesiology major).
Everything in my life was going exactly the way I wanted it to go. My future was bright and I had the world at my fingertips. I was having so much fun and I felt like nothing could go wrong. But despite all the good in my life, there was something bad too. I began drinking alcohol my senior year in high school. I never took an interest in it prior to then, but at that point it became the cool thing to do; so I gave in to the peer pressure that surrounded me.
I started out slowly, but progressed quickly. When I went away to college my drinking became heavier and more frequent. I was going to parties every weekend and drinking to an extreme extent. I thought what I was doing was fine; all my friends were doing it too and I was able to balance my schoolwork and my job with the drinking. Little did I know I was leading myself down a dark path.
On Oct. 27, 2006, I attended a Halloween party at a friends house. I drank all evening and all night, and after the party I made the decision to drive my car. I had no business being behind the wheel of my vehicle in my impaired state, but all the drinking I had been doing desensitized me to the consequences of my decisions and actions.
I thought to myself, Nothing bad will happen to me and Whats the worst that can happen, a DUI or an underage? How wrong I was.
As I drove through State College that night, I came to an intersection where three young men were crossing the road. By the time I saw them it was too late; I struck two of them. The first young man was killed, and the second young man was severely injured, paralyzed for the rest of his life. My mind was racing; it was like a dream. I could not believe what was happening. I was convicted in the Centre County Courthouse of homicide by vehicle while DUI and aggravated assault by vehicle while DUI and have been in prison for two and a half years.
Do you know what its like to kill someone, to injure someone to the point of paralysis, to turn your life upside down?
What about prison? Do you know what thats like?
Believe me, you dont want to know what any of these things are like. The last several years of my life have been a true roller coaster physically, emotionally and spiritually. In a split second, my life was changed forever; and not only my life, but my familys and friends lives were affected as well; and the young man who was killed and his family and friends; and the young man who is paralyzed and his family and friends; and many people in the community not directly involved were affected.
When I was young, my father would often tell me to think before you act. Many times I shrugged it off, but I wish I had taken it to heart the first time he said it to me.
To think before you act is to take a time out before you make a decision; to take a step back and think objectively about the choice at hand: Is what Im about to do going to help or hurt me? Is it going to help or hurt others around me? Will I be abiding by the law or breaking it? What are the consequences of the actions Im about to take?
This is what it means to think before you act. If I had done that I would have realized the severe mistakes I was making and I probably wouldnt be where I am today.
To think before you act isnt only for drinking alcohol and driving under the influence; it applies to every choice and decision you ever make throughout your life, no matter how big or small. Every decision in front of you has the ability to be like a pebble tossed into calm water, so small yet creating ripples that span far and wide reaching and affecting many people. This power can bring about good or bad. Be sure to create good ripples with your decisions.
Whether you know me or not, whether you like me or not, please at least learn from me and the things Ive done. Ive made decisions that I thought were insignificant without thinking first, and those decisions became very grave mistakes. My life and the lives of many others have been forever affected by my actions.
I want you to remember always to think before you act, no matter what youre doing. You hold your life and lives of those around you in your hands. Take that responsibility seriously. Bring about good for yourself and for others through the decisions you make and the actions you perform.
The man who decides poorly and acts recklessly is only happy until his mischief turns against him. I am a prime example of that. So live your life to the fullest and have fun, but be safe and be smart at the same time. Always think before you act. And if when you are 21 and of legal age to drink, and you choose to drink alcohol, remember always to take a taxi and not a life.
Read more: http://www.centredaily.com/2010/06/01/2008578/torsell-speaks-up-about-the-night.html#ixzz0pkntDTrJ
Indeed.Thanks for the update. Every time I see the sun rise, I remember what happened and think of him.
http://tribune-democrat.com/local/x1910025619/Police-get-up-to-speed-on-networking-sitesJune 3, 2010 Police get ‘up to speed’ on networking sites
Sara Ganim Centre Daily Times
STATE COLLEGE — State College police Detective John Aston knew Facebook was big.
But he had no idea how big.
“If you added up the users on Facebook, it would be the world’s third-largest country,” he said.
Aston and about two dozen other central Pennsylvania law enforcement officers spent Thursday learning from one of their own how to make the most of the vast social networking sites when doing investigations.
“This is training to bring (us) up to speed,” Aston said.
“There’s a wealth of information. It kind of came up so fast we weren’t prepared for it.”
Police Capt. Corey MacDonald, from Portsmouth, N.H., travels around the county teaching officers how to make the most of these sites by overcoming the generation gap. Thursday and today, he’s in State College.
“You’ve got police officers who’ve been trained since day one in the academy: This is what you look for in your criminal investigation, physical evidence and all that stuff,” he said. “And for those who grew up more with Facebook and Myspace, why wouldn’t you check to see if they’ve made admissions or posted pictures?”
As part of the two-day seminar, MacDonald is showing local examples of people who are blatantly posting criminal activity, and explaining the best ways to set up undercover stings online.
Officers can go to social networking sites and find gang members, local prostitutes, and learn when high school students plan to host drinking parties.
“We’re reading on Monday about how blitzed they got over the weekend,” Aston said of underage drinkers. “We want to hear Friday (about their plans) and combat that.”
Some local officers are already using the site as search tool for identifying suspects. But MacDonald said it’s even better for getting to know a suspect before an interrogation.
“It’s very helpful to know who we are dealing with before we sit in the room,” he said. “The goal is more information. Definitely criminal investigations are getting better because of this.
“One of my favorite stories is a kid who posted a picture of himself holding a marijuana plant he grew,” MacDonald said. “The caption on the photo reads: ‘Look at the plant I grew. Mom has no idea what plant this is,’ ” MacDonald said. “And he’s posing with his mother. That was just a perfect example. When I brought him in he was like, ‘That’s my space.’ No, that’s the whole World Wide Web. You put it out there, everyone can see.”
In Centre County, police used the Facebook page of convicted drunk driver Anthony Torsell against him at his sentencing.
The night he sped through a busy intersection, killed one man and badly injured another, his Facebook page said he “got a DUI to be more like Mel Gibson.” His instant message status was “playing Russian roulette.”
“I think that hurt him in the long run,” Aston said.
Another Centre County example occurred last year when prosecutors asked for a harsher sentence for a New Jersey man after police caught him tweeting during his trial.
Of course, MacDonald warned, it goes both ways.
“A lot of us have personal sites,” MacDonald said. “Mine is private. Don’t put something that you don’t want to be on the front page of the newspaper. If you post things, you may have to answer for it.”
But that idea of access can also be very useful for law enforcement, MacDonald said.
Part of his training is teaching departments how to set up their own social networking sites.
“We get so much information that pours in once you set up one of these sites,” MacDonald said. “It’s pretty impressive. People that would never ... make an appointment at a local police station and come talk to you, but once you step into their world, their community, they’ll send you this information.”
Man what a prick. Him going around telling his sob story seems more annoying.
I think you missed the point if you think he is seeking sympathy. It is a warning/ wake-up call to kids in that age group. Part of the reason we don't execute people for making mistakes is because they can still be useful to society.