Lackawanna County not liable for Montage Mountain pedestrian death

Times-Tribune (Scranton, PA)

March 10-- Mar. 10--Lackawanna County is not liable for the death of a Dunmore man struck by a drunken driver while walking on Montage Mountain Road after he was ejected from a concert, an arbitrator ruled.

Courtney Sanders filed a federal lawsuit in 2015 against the county, its sheriff's office and Ivy Giordano, the driver of the car that struck her husband, Michael Sanders, on Aug. 25, 2013.

Michael Sanders, 32, had been kicked out of a Jason Aldean concert at the Pavilion at Montage Mountain and was highly intoxicated. He was walking to his car, parked at PNC Field, when Giordano struck him.

Giordano was also legally intoxicated. She pleaded guilty in December 2015 to drunken driving and reckless endangerment and was sentenced to 2 1/2 years of probation.

The suit, filed by Scranton attorney Matthew Slocum and several other attorneys, alleged the county was negligent for failing to install safety measures on the road, including lighting and sidewalks, to ensure pedestrian safety. It also alleged the sheriff's office was negligent for allowing Sanders to walk unescorted in an intoxicated state.

The parties agreed to submit the case to an arbitrator. In a March 2 ruling, attorney Thomas Helbig cleared the county of any negligence, finding Sanders was 40 percent responsible for causing his own death, while Giordano was 60 percent responsible.

Donald Frederickson, general counsel for the county, said Giordano's insurance company previously settled the claims against her. The arbitration was solely to determine if the county was also liable.

The ruling absolves the county of financial responsibility for damages for negligence, wrongful death and another count. The county agreed in September to settle claims on two other counts for $10,000, Frederickson said.

The county always maintained it was not negligent, but after Sanders' death it took steps to improve safety, including installing a walkway on the side of the road and marking crosswalks, Frederickson said.

"The county is happy the issue was resolved with a finding of no negligence on the part of the county," Frederickson said. "We feel sorry for the family of Mr. Sanders and are hopeful improvements that were made along the road will ensure safety going forward."

Attempts to reach Slocum were unsuccessful.

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