Lawsuit over debris that killed 8-year-old is settled
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ELYRIA — The family of an 8-year-old boy crushed by a 600-pound concrete slab as he and his friends were playing on the lakeshore has settled a lawsuit against the property owner and the companies that placed the debris at the site as an erosion-control measure.
Attorneys in the case declined to provide specifics of the settlement in the lawsuit, which had asked for more than $1 million in damages for the death of Dominic DePaul on Jan. 2, 2006.
“There’s never enough to compensate a family for suffering this tragic loss,” said David Grant, an attorney for Dominic’s mother, Michele Cantone, who could not be reached for comment Monday.
Dominic and three friends were playing on the debris pile behind the Vermilion home his family had rented from Allen Gasper when a 13-square-foot chunk of concrete broke and struck him in the head. According to court documents, Dominic died minutes after he was injured.
A trial over whether Gasper was negligent in using the metal bar-reinforced concrete to control erosion had been set to begin today before Lorain County Common Pleas Judge Mark Betleski. Grant said the settlement with Gasper was reached late Friday.
Claims against Americut Coring & Sawing and South Shore Dredge & Dock, two of the companies that placed the debris, were settled late last month, according to court documents.
Grant said neither company admitted to wrongdoing in their settlements.
The settlements don’t end the legal fight over Dominic’s death. Andrew Flynn, one of the boys who was playing with Dominic and witnessed his death, has also sued Gasper, and that lawsuit has not yet been settled.
Michael Duff, Andrew’s attorney, said he is in the process of negotiating a settlement in that case.
Duff said the site remains largely unchanged from the day Dominic died.
Bruce Sanders, a spokesman for the U.S. Army Corps of Engineers, said the lawsuits delayed any changes being made to the site, but in August, the Corps gave Gasper until December to make upgrades.
The Corps issued a permit two years ago to Gasper that would allow him to clear the site and replace the debris with large secured “toe blocks” that would be covered with rocks known as armor stone.
Gasper and his attorneys did not return calls seeking comment Monday.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
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Lorain/Elyria, OH

