LAYTON -- Already facing federal criminal charges in the deaths of two Layton girls, Coleman Nocks and Bugman Pest and Lawn Inc. have been named as defendants in a wrongful death suit filed by the girls' family.
Rachel and Rebecca Toone died several days after Nocks treated the lawn of the family's home for pests in February 2010, using Fumitoxin. The suit alleges that Nocks applied the Fumitoxin "in a negligent, careless manner with reckless disregard for the safety and well-being" of the family.
The suit does not ask for a specific amount of damages. The Toone's lawyer, Peter Summerill, said the amount of damages will be left for a jury to decide.
"The Toone family intends to see that those responsible for this tragedy are held fully accountable, both within the criminal and civil justice system," Summerill said in an e-mail. "The Toone family continues to have confidence in this country's legal system and will support the efforts of the government officials responsible for prosecuting criminal cases while also pursuing a civil claim through their own attorneys. Beyond this statement, the Toones do not wish to comment."
The complaint, filed Monday in 2nd District Court, states that several members of the family suffered physical injury after Nocks buried the Fumitoxin pellets.
Nathan Toone, the father, experienced nausea, vomiting and a headache and required medical examination and treatment.
Cassidy and Braden Toone, the family's 9-year-old daughter and 7-year-old son, each suffered abdominal pain, headaches, fatigue, coughing and vomiting.
Rebecca and Rachel Toone, the 4-year-old and 15-month-old daughters, suffered a variety of injuries that ultimately led to their deaths within three days of Nocks' visit to the home.
Nocks and Bugman Pest and Lawn have each been charged with three counts of unlawful use of a registered pesticide, class A misdemeanors.
They pleaded not guilty in U.S. District Court in Salt Lake City on Feb. 25.
In the criminal case, Nocks faces up to a $100,000 fine per count, if convicted. However, if at the time of sentencing the judge rules the deaths were caused by the misapplied pesticide, the penalty could change to one year in prison and a $250,000 fine per count.
Bugman Pest and Lawn Inc. faces a fine of $200,000 on each count if convicted for its role, and that fine would also change to $500,000 per count if the deaths are considered in the sentencing.
The federal cases have been set for trial on May 2.
No trial date has been set for the wrongful death suit in 2nd District Court.
Attorneys for Nocks and Bugman Pest and Lawn could not be reached Thursday for comment.
Comments