Settlement reached in wrongful death suit against Nemacolin Woodlands
Days before jury selection was slated to begin, a settlement has been reached in a wrongful death lawsuit against Nemacolin Woodlands Inc. filed by the parents of a Chalk Hill teen killed in a 2011 alcohol-related crash on the property.
Fayette County President Judge John F. Wagner Jr. indicated in court filings on Tuesday that the settlement was reached April 10, but the details of the agreement are filed under seal.
Daniel and Tricia Nelson, parents of Zackery Nelson, initiated the suit in October 2012, naming as defendants Nemacolin Woodlands Inc., Nemacolin Inc., owner Joseph Hardy, his daughter Paige Hardy and Steven DiCenzo, who was intoxicated and driving the night of Sept. 10, 2011, when the fatal accident took place.
In the complaint, the Nelsons, represented by attorney Thomas Crenney, alleged that Joseph Hardy knew or should have known that his daughter, then 15 years old, would serve alcoholic beverages to her minor friends at a party she was hosting, and that she was liable for supplying the beverages to the other minor guests.
According to court documents, 17-year-old Zackery Nelson was finishing a shift at Nemacolin when he joined Paige Hardy, DiCenzo and other teens for a party on the resort grounds. The group decided to go swimming, and they were on their way to the pool when DiCenzo crashed a Honda Civic into a tree on Hardy Boulevard.
Zackery Nelson, who was seated in the back, was thrown through the windshield and suffered severe head injuries. He was flown to Ruby Memorial Hospital in Morgantown, W.Va., and died five days later.
DiCenzo’s blood-alcohol level was 0.136 percent, according to police.
He was charged with homicide by vehicle, homicide by vehicle while driving under the influence of alcohol, aggravated assault by vehicle while DUI, DUI and various summary offenses, including driving at an unsafe speed, reckless driving, not wearing a seat belt and having more passengers than seat belts in the vehicle.
Because DiCenzo was 17 at the time of the crash, he was charged as a juvenile.
He was adjudicated in March 2012 and ordered to go to a rehab center 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.
The claims against Paige Hardy were dismissed in August 2013, after Wagner determined that since she was a minor at the time of the incident, she could not be held liable for supplying alcohol.
Joseph Hardy settled claims against him in May, paying $200,000 to Daniel and Tricia Nelson.
The remaining claims against the resort dealt with the design, construction and maintenance of roads on the property.
Wagner had ruled on several pretrial motions on April 8, precluding the mention of alcohol consumption, vehicle overloading, non-use of seatbelts, the speed of the vehicle before the crash, DiCenzo’s blood alcohol level and his juvenile conviction related to the crash.
He also precluded testimony that there had been no accidents at the location of the crash prior to September 2011, as well as testimony that signage was added or changed at the site subsequent to the crash.
Additionally, Wagner ordered that there could be no mention at trial that Zackery Nelson allegedly struck DiCenzo’s head with a bottle prior to the accident, “unless somehow made relevant.”