October 2, 2014

Elyria
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Boy who saw friend die sues landlord

ELYRIA — The friend of an 8-year-old boy who was crushed by an unstable 600-pound cement slab along the lakefront is suing the property owners.

Andrew Flynn watched as his friend Dominic DePaul was killed Jan. 2, 2006, when he and his twin brother and some friends were on a rock pile behind the lakefront home Dominic’s family was renting from Allen Gasper of Lorain.

A slab of cement, about 13 square feet, came loose and crushed Dominic.

Andrew’s attorney, Michael Duff, said his client suffered emotionally.

“It was a horrific incident,” Duff said.

The lawsuit names Gasper, his wife Lisa, and seven other defendants related to the property at 4342 Edgewater Drive where the incident occurred and asks for an amount in excess of $1 million.

Duff said Andrew’s father, Wayne Flynn, filed the lawsuit on Andrew’s behalf after contemplating for almost two years about whether he should.

Dominic’s mother, Michelle Cantone, filed a $1 million lawsuit against the property owners 24 days after her son’s death.

That lawsuit is set for trial in early 2008. Duff said county Common Pleas Court Judge Mark Betleski could agree to combine the two cases.

Gasper could not be reached for comment Friday.

Contact Adam Wright at 329-7151 or awright@chroniclet.com.