WARREN - The woman wounded by a stray bullet that shot through the siding of her house while she was asleep in bed filed a lawsuit against the shooter and the owner of the bar where the shot was fired.
Pamela Dial, 44, Warren, and her husband, Terrance, filed the action this week in Trumbull County Common Pleas Court, seeking more than $25,000 on each of four counts. The case was assigned to Judge Andrew Logan. No hearing date has been set.
Named defendants in the lawsuit are Antonio Price, who was sentenced to 14 years behind bars on July 17 after pleading guilty to a series of charges in connection with the Aug. 4, 2012, shooting outside the Olympic Inn on Parkman Road N.W.; Linda Gadd, owner of the Olympic; and up to five unidentified employees of the tavern, which has since closed.
The lawsuit claims that Price went into the bar Aug. 3, and in the early morning hours of Aug. 4, he got into a fight and was pepper-sprayed by someone working for the bar.
''Price was then thrown out of the bar, and while exiting the bar, he heard gunshots being fired and believed they were being fired at him,'' the lawsuit states.
Price retrieved a gun from his vehicle and began firing even though he didn't know where the shots he heard were coming from, the lawsuit states. One of the bullets pierced the siding of the home adjacent to the bar where the Dials lived, went through a pillow, and hit the woman in the head.
The lawsuit states Mrs. Dial suffered permanent, disabling head and brain injuries, including severe physical and mental injuries, skull fracture, bone removal from her skull, scarring, concussion, post-concussion symptoms, post-traumatic stress, loss of executive function and her mental processing skills along with medical, paramedical, nursing and counseling care, past and future medical expenses, lost past and future income and diminished earning capacity.
The lawsuit states that in 33 months prior to the shooting, Warren police recorded 42 incidents of assaults, fights and disturbances at the Olympic during the period, nine incidents of gunshots being fired were at the address of the Olympic and three of those shots occurred within 13 days of the date Mrs. Dial was shot.
The suit states that Gadd failed to employ security officers even after she discussed the move with Warren police; failed to post signs that there were security cameras recording activities; failing to adequately light the parking lot; and hiring unskilled, untrained and ill-equipped individuals as bouncers at the bar.