Wednesday, May 20, 2009
RAVENNA, Ohio (AP) — An Ohio judge has thrown out a wrongful- death lawsuit from the parents of a Kent State University student killed during a 2005 hostage ordeal.
Susan and James Positano of Sault Ste. Marie in Ontario, Canada, had sought $150 million from Portage County’s Brimfield Township and its police chief.
The couple claimed police actions contributed to the killing of their daughter, Sarah Positano. Most recently, the family’s attorney alleged that she was fatally shot by James Trimble when he became startled by a police sniper.
In a ruling Monday, Judge John Enlow of Portage County Common Pleas Court said the evidence was strongly on the side of the defendants.
Their attorney says the Positanos have not decided whether to appeal.
Trimble is now on Ohio’s death row.