LAYTON -- The family whose two daughters died as a result of misapplied pesticide has settled its wrongful death suit.
In February 2010, 4-year-old Rebecca Toone and her 15-month-old sister, Rachel, became ill and passed away after an exterminator placed Fumitoxin tablets around the family's home.
According to the 2nd District Court, the Toone's settlement with Coleman Nocks, Ray Wilson, Sr., and Bugman Pest and Lawn was filed on Nov. 21. Along with the settlement was a stipulation order of dismissal with prejudice, meaning the Toone family cannot file another wrongful death lawsuit.
The order was signed by Judge Michael G. Allphin on Nov. 18.
The suit did not ask for a specific amount, leaving the amount of damage up to a potential jury.
Terms of the settlement have not been disclosed and on Tuesday attorney Pete Summerill, of Hasenyager & Summerill, said that the Toone family does not want to comment about the lawsuit.
Nocks, a former employee at Bugman who applied the pesticide, and Wilson, owner of Bugman, originally pleaded not guilty. Months after the incident, the U.S. Environmental Protection Agency banned the use of phosphide -- a key component in Fumitoxin -- around occupied homes and buildings. In an email sent in March, Summerill said the Toone family intended to see that those responsible for the tragedy are held fully accountable, within both the criminal and civil justice systems.
Along with the deaths of the two girls, other Toone family members became ill. According to the lawsuit, Nathan Toone, the father, experienced nausea, vomiting and a headache. He required medical treatment.
Nine-year-old Cassidy Toone suffered hypotension, and she and 7-year-old Braden Toone each experienced vomiting, abdominal pain, headache, fatigue and coughing.
A criminal case is still under review and sentencing for that case is expected to take place in January.