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Two LA Fitness shooting victims sue gunman's estate
Pitt was named sole beneficiary, but it doesn't want money
Wednesday, August 19, 2009

Two of the victims of the shooting in a Collier gym filed suit against the estate of gunman George Sodini yesterday.

Mr. Sodini opened fire the evening of Aug. 4 at an aerobics class at the LA Fitness center in the Great Southern Shopping Center off Route 50, killing three women and injuring 12 others. He then took his own life.

Attorney Henry M. Sneath filed the suits in the Court of Common Pleas of Allegheny County on behalf of Lisa Marie Fleeher, 27, who was shot from behind in the leg, and Ashley Ferragonio, 23, who was shot in the upper back.

Both women, Mr. Sneath said, have been released from the hospital but require regular meetings with physical therapists and counselors.

Mr. Sneath, of the law firm Picadio Sneath Miller & Norton, located on Grant Street, Downtown, also filed suit on behalf of Mrs. Fleeher's husband, Ronald Fleeher.

According to Mr. Sodini's will, which was filed in Allegheny County Orphan's Court on Friday, his entire estate is valued at $225,000. Of that, his home in Scott is estimated to be $75,000, and the rest includes personal property.

He completed the will on Oct. 26, 2007, and it was filed in court by his brother, Michael Sodini.

"Once we saw that the estate was open and his brother had filed his will with the county, we could then go ahead and file claims against the estate," Mr. Sneath said. "You can't sue a dead person, but you can sue their estate. It's the same as suing the person as if he were alive.

"We wanted to get a claim in now. We have filed a lawsuit and we intend to pursue that suit just as if we were suing him for his conduct in shooting these women."

Though Mr. Sodini listed his mother, Jean Sodini, as his only heir, Mr. Sodini left the entirety of his estate to the University of Pittsburgh.

Yesterday, Pitt spokesman Robert Hill said the school had no intention of accepting the money.

"Pitt has no interest in receiving any such distribution," Mr. Hill said in a statement. "The university community continues to grieve about the tragic loss of lives. And we believe that any available funds should benefit Mr. Sodini's victims and members of their families. Our thoughts and prayers remain with them. We at Pitt will do what we can to assist them in receiving any funds that have been bequeathed to Pitt."

If that's the case, said Timothy F. Burke Jr., an attorney who specializes in trusts and estates, it will be up to a judge to determine what happens to the money.

It could go to Mr. Sodini's heirs. In this case, Mr. Burke said, the first person in line would be Mr. Sodini's mother, Jean. Or, he continued, an Orphan's Court judge could decide that the money should instead be designated for some other charitable organization or purpose.

No matter what, though, anyone who wins a judgment against Mr. Sodini's estate would take priority over everyone else, Mr. Burke said.

"Creditors take before beneficiaries," Mr. Burke said. "Their claims are going to be satisfied well before any beneficiaries."

Mr. Sneath said his lawsuits freeze the estate's assets and put the estate on notice that victims intend to pursue claims. The lawsuits also enable lawyers to subpoena police reports and autopsy results.

"We're going to do a lot of investigation," he said. "It has to be for the benefit of all of the victims somehow. The lawyers have to work together to administer these claims through the courts to make sure everybody is compensated the way they should be."

There is a chance, he said, that additional defendants, including the LA Fitness center, could be named later. The center, which has been closed since the shootings, is to reopen to members Saturday.

Mr. Sodini's case appears to be different from that of Richard Baumhammers, convicted of killing five people in a racially motivated shooting rampage on April 28, 2000. A sixth person, who became a quadriplegic as a result of his injuries, died two years ago from complications.

The victims and their families filed civil claims against Mr. Baumhammers' parents, alleging that they were negligent and partially responsible for their son's behavior. He lived in their home, and the gun he used in his rampage was theirs, the lawsuits said.

The Baumhammerses, who expected personal insurance to cover the claims, settled them earlier this year, agreeing to pay each family a little more than $130,000.

Initially, attorneys sought $31 million from the two insurance companies which represented Adrejs and Inese Baumhammers. However, a series of court rulings resulted in only one $300,000 payout by Donegal Mutual Insurance.

Dan Majors can be reached at dmajors@post-gazette.com or 412-263-1456. Paula Ward can be reached at pward@post-gazette.com or 412-263-2620.
First published on August 19, 2009 at 12:00 am