Death-suit attorney requests dismissal

The attorney is basing his argument on personal responsibility.

STAFF REPORT

NEW CASTLE, Pa. — A lawyer for a teenager who was accused of selling oxycodone to a girl who later died from taking that drug has asked for dismissal of a wrongful death civil suit.

Atty. Keenan Holmes appeared earlier this week before Judge J. Craig Cox of Lawrence County Common Pleas Court to argue for dismissal of the suit against Josh Stewart, 17, of Wallace Avenue in New Castle.

The suit was filed in November by Veronica Million-Passerrello, mother of Erica Jo Million, 16, who died March 4, 2007 — five days after taking oxycodone at New Castle High School.

Stewart was accused of selling her oxycodone the day she took the dose that proved fatal. He was adjudicated as delinquent, the equivalent of being found guilty in juvenile court, in March on a possession-with-intent-to-deliver charge.

Prosecutors were unable to prove, however, that Million ingested any of 13 pills witnesses said they saw Stewart give her Feb. 27, 2007, the same day she was found unconscious in a math class and taken to the hospital. Investigators found 13 pills still in her purse.

Holmes said his argument centered on personal responsibility; Erica Jo took the drug, and the consequence was self-inflicted.

Atty. Michael Balzarini, who argued against dismissing the suit for Million-Passerrello, told The Vindicator he would have no comment.

Outside the county government center after the court hearing, Holmes said he left his Pittsburgh law firm, Eckert Seamans, to continue to defend Stewart. He said he gave Stewart and his family his word that he would continue to fight for them.

Judge Cox has not issued his ruling on the motion for dismissal.