Suit against Nemacolin founder amended
The parents of a Chalk Hill teen who died when a car he was riding in hit a tree at Nemacolin Woodlands Resort in 2011 have amended their complaint against the resort and its founder, Joseph Hardy, his daughter and the teenager who was driving drunk that night.
Zackery Nelson, 17, died when Steven L. DiCenzo allegedly crashed a Honda Civic into a tree on Hardy Boulevard at the Farmington resort on Sept. 10, 2011. DiCenzo’s blood-alcohol level was .136 percent, according to police. Last month, Fayette County President Judge John F. Wagner Jr. dismissed the counts against Hardy’s daughter, Paige Hardy, prompting Nelson’s parents, Daniel and Tricia Nelson, to amend their original complaint to reflect the fact that the judge’s order was not final and they reserve the right to appeal his decision.
The Nelsons lodged two counts of negligence against Paige Hardy, arguing she was liable as a “social host” who furnished alcohol that contributed to the crash and fatality and that she breached a duty to safely direct DiCenzo’s driving. The Nelsons claimed Paige Hardy was very familiar with the road and should have warned DiCenzo about a sharp bend coming up, which he ultimately failed to negotiate.
Wagner found that because Paige Hardy, who was 15 at the time of the crash, was a minor, she was not liable for supplying other minors with alcohol, nor for their resultant behavior.
Regarding the count against Joseph Hardy, Wagner stated that the Nelsons presented enough evidence to show that he knew or should have known that his minor daughter would serve alcoholic beverages to her minor friends at a party she was hosting, and he determined the case could move forward against Joseph Hardy.
“Whether the plaintiff can sustain its burden of proof at trial is, of course, a question for the factfinder,” Wagner noted.
DiCenzo was charged with homicide by vehicle while driving under the influence of alcohol, aggravated assault while driving under the influence, DUI and other various offenses, but because he was 17 at the time, the case was heard in juvenile court.
At the recommendation of a juvenile probation officer, Senior Judge Conrad B. Capuzzi in March 2012 ordered DiCenzo to go to Gateway Rehabilitation Center in Aliquippa for a minimum of 45 days to undergo counseling and therapy for post-traumatic stress disorder and drug and alcohol issues.
DiCenzo was also ordered to spend 180 days on electronic monitoring and to do 50 hours of community service.