PITTSBURGH – A defendant named in a wrongful death lawsuit by the family of a man allegedly beaten and killed at a Munhall house party in 2015, argues he should be dismissed as a party to the case through summary judgment.
Originally named in the lawsuit were six individuals – Devin Hinkle, Ryan Sabo, Connor Stevens, Derek R. Marcone, Jessica Lentz and Daniel J. Lentz – who the family of Joyce claim were all involved in his death in some form or other.
Joyce, a 23 year-old man, was allegedly beaten at a house party in 2015 in Munhall, found unresponsive and later died at a hospital.
The formal complaint filed by Joyce’s father, John J. Joyce, stated that Jessica Lentz was the host of frequent parties at her residence owned by Daniel J. Lentz (her father) who gave her permission to do so. The residence allegedly was known as a place for “younger individuals” to drink. One such party was held on Sept. 27, 2015, and Joyce was in attendance, the suit stated.
Around 1 a.m., Joyce allegedly got into an altercation with Stevens over a Hot Pocket, escalating to the co-defendant, along with the help of Sabo, Hinkle and Marcone, beating and choking Joyce to death. The suit stated that it was determined that cause of death was the result of a multi-system trauma to areas including the head, spine and abdomen.
The suit stated that Hinkle and Stevens were responsible for the choking while Stevens, Marcone, and Sabo “repeatedly and violently” beat the decedent. Hinkle allegedly also sustained bite mark defensive wounds in the assault.
After the attack, Marcone checked Joyce’s pulse and could not find a heartbeat, the suit claimed.
The attackers, as well as the party’s host, allegedly failed to call the police and even went so far as to tell other party guests not to call 911. Emergency services were eventually called by neighbors who had heard the commotion of the party, the suit said.
Additionally, Sabo allegedly texted a woman stating that he and Hinkle had killed Joyce. Sabo also sent a picture with tear drops drawn onto his eye, similar to a gang symbol donned by individuals who have committed murder, the suit stated.
UPDATE
Counsel for Marcone filed a motion for summary judgment on Dec. 31, arguing he could not be connected to the plaintiffs’ claims.
“The plaintiff’s complaint alleges that Marcone, Stevens, Sabo, Hinkle and Lentz deliberately chose not to provide assistance and avoided help by not calling 9-1-1. Under the wrongful death claim, plaintiff asserts that the direct cause of the decedent’s death was Marcone, along with Stevens, Sabo and Hinkle, beating and choking the decedent,” the motion stated.
“As to the negligence claim, under Count II, plaintiff does not specifically identify Marcone, the standard of care applicable, how Marcone breached that standard of care, and/or how said breach resulted in plaintiff’s claimed damages. Instead, under the negligence count, plaintiff asserts that all ‘defendants’ lack of concern for the decedent after the decedent’s intentional murder, was negligent at best.”
The motion went on to say that roughly 25 depositions have been taken in the case since its filing, which included the majority of the party’s guests and alleged witnesses to the incident, but not the named defendants.
“There are no witnesses to the incident that have testified defendant Marcone kicked, punched and/or physically assaulted the plaintiff. There are no witnesses or evidence that defendant Marcone prevented emergency services from being contacted and/or called after the accident, even if such was a basis for any claim,” per the motion.
“There is no testimony or evidence that indicates defendant Marcone was involved in physically assaulting the decedent. Plaintiff’s complaint fails to sufficiently assert any evidence and/or legally sufficient claims as to defendant Marcone, and the complaint should be dismissed in its entirety as to this defendant.”
On Jan. 13, it was announced that the summary judgment motion had been assigned to Allegheny County Court of Common Pleas Alan D. Hertzberg, for disposition at an undetermined date.
Joyce’s estate is seeking $7 million in compensatory damages and $50 million in punitive damages.
Allegheny County Court of Common Pleas case GD-17-007065
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com