Attorney for victim Jimi Patrick’s family turned back effort to dismiss parental-liability claim.
Philadelphia, PA (May 18, 2020) – A Philadelphia Court of Common Pleas Judge has ruled that the parents of Bucks County mass killer Cosmo DiNardo can be held legally responsible under Pennsylvania law for the deadly actions of their mentally ill and pathologically violent son according to Carin A. O’Donnell, attorney from the firm of Stark & Stark, who represents the family of 19-year-old shooting victim, Jimi T. Patrick. The recent ruling was in response to a request by lawyers for DiNardo’s parents to dismiss the parental-liability claim in the pending lawsuit (Patrick et al. v. DiNardo et al. No. 180-30000-44) filed against them.
Judge Shelly Robins-New, in her recent order upheld the position of plaintiff’s attorney Carin A. O’Donnell, that Antonio and Sandra DiNardo, Cosmo’s parents, can and should face filed civil claims that they failed in their lawful duty to protect others from possible harm at the hands of their violent, mentally ill son. Ms. O’Donnell argued in court filings that the parents’ responsibility was uniquely substantiated because of Cosmo DiNardo’s access to firearms and his documented history of disruptive and violent behavior. According to court documents, his violent conduct was not only well known to his parents, but was at times directed at them.
“We are pleased that the court has sustained the parental-liability claim in our complaint, which also includes claims of wrongful death and negligence, and look forward to rightfully pursuing this case – and the companion cases brought on behalf of the other three victims – being tried before a jury,” said Ms. O’Donnell. “As argued in our pleadings, we assert that the DiNardo parents failed to keep guns, including the rifle used to murder Jimi Patrick, away from their son despite his extensive history of violent behavior, hospitalization for his mental illness, and his widely known affection for firearms; which meant he posed an undeniable danger to others.” The civil lawsuits against the DiNardos and their affiliated businesses were filed in 2018 following the brutal July 2017 Bucks County murders of Jimi Patrick, Dean Finocchiaro, Thomas Meo, and Mark Sturgis by DiNardo and his accomplice.
Contacts:
Carin A. O’Donnell / codonnell@stark-stark.com /267.907.9613
Sarah Ryan /sryan@stark-stark.com / 609.895.7246