A Lawrence County judge has dismissed a civil lawsuit against a boy who allegedly sold a fatal dose of oxycodone to a classmate at New Castle Senior High School.

Common Pleas Judge J. Craig Cox ruled that Erica Jo Million, the 16-year-old girl who died of an overdose, was culpable in her own death because she bought and ingested an illegal drug. Therefore, the judge said, her mother, Veronica Million-Passerrello, was not entitled to money from the boy or his parents.

Judge Cox, though, had harsh words for Joshua Stewart, 17, who was charged as a juvenile with selling oxycodone to Ms. Million in February 2007. She died five days after collapsing at the high school.

"Although it is readily apparent that Mr. Stewart was not an innocent party in this case, the court cannot impose a duty and a civil liability on him," Judge Cox wrote in his 12-page decision, which lawyers received yesterday.

Judge Cox, relying on case law from wrongful death lawsuits, said it was "illogical" to hold the boy responsible for another teenager's death when both were involved in a crime.

Keenan Holmes, the lawyer representing Mr. Stewart, said his client maintains he was innocent of selling oxycodone or any other drug at the high school.

Ms. Million-Passerrello could appeal his ruling. Her lawyer was not available for comment yesterday.

Previously, Judge John W. Hodge, presiding in juvenile court, found that Mr. Stewart committed a crime by possessing oxycodone with the intent to sell it. Judge Hodge, though, ruled that he did not have sufficient evidence to attribute Ms. Million's death to Mr. Stewart. Judge Hodge placed Mr. Stewart on probation.

Mr. Stewart, expelled from New Castle Senior High School because of the drug case, is studying one day a week at alternative school. He said he was framed by two other students who may have supplied Ms. Million with the oxycodone that killed her.

"This case is about race and socioeconomics. Other people are being covered for," Mr. Holmes said.

Mr. Stewart is black. The two students who accused him of selling the drug are white.