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Family and friends of the late Guy Thomas march through the streets of Ironton in April 2008 protesting his death. The body of Guy Thomas was found March 8, 2008, in the parking lot of the Ironton Police Department underneath the vehicle of former officer Richard Fouts. The estate of Guy Thomas filed a wrongful death lawsuit against the city. Both sides have agreed in principle to a settlement.
Wrongful death suit nearly settled
Agreement between city, Thomas family reached but not finalized
Published Tuesday, December 29, 2009
The City of Ironton has settled a wrongful death lawsuit brought against it by the family of Guy Thomas, the man who was found beneath an Ironton Police car in 2008.
The two sides came to an agreement Dec. 17 but, as of Monday, the agreement had not been approved by the Lawrence County Common Pleas Court and necessary documents had not been filed with the clerk of courts.
Louverne Miller and Juan Thomas, co-administrators of the estate of Guy Thomas, filed the lawsuit June 2 in Lawrence County Common Pleas Court.
Guy Thomas’ body was found March 8, 2008, in the parking lot of the Ironton Police Department underneath the cruiser of former police officer Richard Fouts.
The lawsuit accuses Fouts of striking Thomas with his cruiser, dragging him a half-mile in the snow.
Thomas was pronounced dead at the scene. Fouts later resigned.
An autopsy found that Thomas was intoxicated at the time of his death but did not determine if he was dead or alive at the time the police cruiser made contact with his body.
Mayor Rich Blankenship referred questions to the Ken Harris, an attorney who represented the city in the wrongful death suit. He added that both sides were satisfied with the settlement.
“My position is that we’re glad that this is over and closed,” Blankenship said.
Harris declined to disclose the amount for which the case was settled but said it was resolved at a rate that is consistent with similar wrongful death cases.
Funds for the settlement will come from the city’s insurance company, not from the city’s general fund, Blankenship said.
A mediator and both sides of the lawsuit spent seven to eight hours talking about the case before an agreement was reached, Harris said.
“I think it was good for all the parties to put this matter behind them,” Harris said. “Everyone was saddened by the event.”
William Gustavson, an attorney representing the Thomas family, said that mediation was very difficult and that no amount of money will replace Guy Thomas.
“I think that it was obviously a very stressful and upsetting situation for the family so the settlement negotiations were very difficult,” he said. “I can tell you that the City of Ironton and the public officials there showed great concern and respect for the family and because of that concern and respect, the family was able to enter into this agreement.”
Harris said both sides of the suit behaved in a fair manner.
“I think everyone should be proud of the way they conducted themselves,” he said.
Attempts to contact the Thomas family for comment were unsuccessful.
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Comments
Posted by buckfan4life2 (anonymous) on December 29, 2009 at 3:07 p.m. (Suggest removal)
If this happened to someone in my family,I would want someones head not money.
Posted by flo (anonymous) on December 29, 2009 at 3:19 p.m. (Suggest removal)
If he was intoxicated at the time of his death and they can't tell if he was dead when he was hit, how can they sue for wrongful death?
If another person had hit him that was not a policeman, who would they have sued?
If they wanted to sue someone, why not sue the bar that allowed him to get that drunk?
---buckfan-- who's head would you want? What if you had been driving in that bad weather and hit him? Would you expect to be sued?
Posted by HippyChick (anonymous) on December 29, 2009 at 4:47 p.m. (Suggest removal)
I do believe that the burden of evidence lies with the defendant in a civil case. I suppose they did not or could not prove the gentleman was already dead before being dragged through the streets, which is itself is sickening. If I dragged a body through the streets, I'd expect some type of repercussion.
Posted by Vil (anonymous) on December 29, 2009 at 5:45 p.m. (Suggest removal)
Gold diggers. That's all that Louverne Miller and Juan Thomas are.
If the Thomas's actually cared about Guy they would have made sure he wasn't the town drunk and in and out of jail all the time.
This was a very bad decision to settle this case for a penny, let alone what these money grubbers got.
Posted by 79Tiger (anonymous) on December 29, 2009 at 6:09 p.m. (Suggest removal)
Vil,
You couldn't be more wrong. Guy was an adult and no matter what those who cared about him said, he was going to do what he wanted to do. If you knew Guy, he liked to blow off some steam now and then but overall he was a nice man. There are no saints here on earth so be careful who you point your finger at. I do not know Mrs. Miller but if she is anything like Juan, she is no money grubber. Juan is one of the nicest people I've ever known and I am sure Mrs. Miller is too.
If you do not know a person, it would be wise of you to refrain from calling them names. There are still a lot of questions to be answered regarding Guy's tragic death. We may never know the whole story. If the city really believed they had the truth on their side, there would have been no settlement.
Posted by howards5 (anonymous) on December 29, 2009 at 7:26 p.m. (Suggest removal)
I'm glad a settlement was accomplished. This was a tragedy and I believe that family is entitled to something, whether it be money or something. My prayers are with the family of Guy Thomas.
Posted by TeacherinOhio (anonymous) on December 29, 2009 at 7:54 p.m. (Suggest removal)
I knew Guy. It is true that he was drunk most of the time. He was a nice person. I think the officer had to know he hit something. The question I have his this, what will the family do with the settlement money? Will they live high off Guy's death or do something good with it in his name? If I had to guess, I bet someone will live high off his death while poor Guy is 6 feet under.
Posted by 79Tiger (anonymous) on December 29, 2009 at 8:28 p.m. (Suggest removal)
Teacher
Was Guy drunk most of the time or just most of the time when you were around him? If it was when you were around him, how often did you see him and when did you see him last before he died? I go out every now and then and sometimes I see the same faces I saw the last time I was there. By your reasoning, I could say, "everytime I see them, they are drinking." They, likewise, could say the same of me. But what if it had been two weeks since the last either of us saw the other? Who is to say what occurred between those meetings? As for your comment about living high, that is about as low as you can go. Glad I don't know you.
Posted by keymaster73 (anonymous) on December 29, 2009 at 9:52 p.m. (Suggest removal)
I don't believe Ironton should have settled. There was too many unanswered questions about what had happened. He may have already been hit by another car or froze or any other things. Juan and his family had every right to pursue this issue. I don't believe they will be "living high", but hopefully everyone will put this issue behind them. They are the only ones who had a right to pursue this and not the community.
Posted by angelgirl (anonymous) on December 29, 2009 at 10:06 p.m. (Suggest removal)
He might have been drunk, and already dead...But how could someone hit something and drag it underneath the car and ignore it?
Posted by Frogtowner (anonymous) on December 30, 2009 at 9:30 a.m. (Suggest removal)
There was between 4 and 6 inches of snow, ice, and slush on the streets that night. If you've ever driven in these conditions you know that you could at any time run over a pile of this stuff and continue driving. Do you get out of your car to dig it out every time you hit some? What was Mr. Thomas doing laying in the street? I am in now way excusing the officer in this tragic death. I am just trying to look at both sides of the story. I believe it was an accident, and however tragic it may be, accidents happen every day. I do not believe it was a "wrongful death".
Posted by TeacherinOhio (anonymous) on December 30, 2009 at 11 a.m. (Suggest removal)
79Tiger,
I saw Guy several times a week. He was always drinking. He asked me for change many times so he could buy a 40 oz. bottle of beer. He was always nice to everyone. He liked to chat to pass the time of day. Like I said, he was a nice guy. I would say he was an alcoholic. That doesn't make him a bad person though. As far as living high off his death, that is about as low as the people who get the money can go unless they use it for good use in his name. By the way, we probably do know each other.
Posted by 79Tiger (anonymous) on December 30, 2009 at 1:16 p.m. (Suggest removal)
There is a big difference between drunk most of the time and a drink most of the time. I don't think you meant any ill will against Guy but you should know not to judge others when you may have never been nor will ever be in the position they are in.
Posted by flo (anonymous) on December 30, 2009 at 2:43 p.m. (Suggest removal)
Again, Why are they suing the city? TO GET MONEY!!
The policeman was doing his duty by patrolling streets with snow and ice.
Do you think he would hit some one on purpose and then drag them to the police station of all places!
This could have happened to anyone driving in that bad of weather. I have been stuck in snow and ice and thought I would never get out. It is uncontrollable sometimes. Everyone living in Ironton knows that.
If this had been the average joe driving the family would not have though to sue to get money.
Why not sue the bar that let him get so drunk?
Why didn't the family try to get him to stay home on such a bad night?
Why didn't he take responsibility and call for a ride home?
Why expect the city of Ironton to pay for a drunks mistake?
The family should take some responsibility because they knew what he was.
Posted by nottellin (anonymous) on December 30, 2009 at 3:13 p.m. (Suggest removal)
Vil, I seriously doubt they got much money. Not compared to what they COULD have sued for. Talks only lasted 8 hours, so I doubt that they asked for exorbitant amounts.
Flo... this cop dragged 150 EXTRA POUNDS, DRAGGED it and never noticed that his car was driving wrong. NEVER NOTICED! He was either drunk or stupid to not notice the drag of ONE HUNDRED FIFTY POUNDS.
It was never established how drunk he was. .08 is legally drunk, but perfectly capable of walking home. Meaning, he could have slipped on the ice, been run over while trying to get up, and dragged to his death.
You are NOT going to put this on the family. He was a full grown man and they probably never thought a COP would run over him and DRAG him.
The city is being expected to pay for a COP'S NEGLIGENCE. He was operating his vehicle in a negligent manner or he would have NOTICED the extra drag of the 150 lb man he was dragging.
He didn't call for a ride home because he was WALKING!!!
Posted by flo (anonymous) on December 30, 2009 at 3:47 p.m. (Suggest removal)
Yes, either walking or staggering!!
Do you think the cop meant to hit him?
If this was intentional, do you think he would have taken his car to the police station?
If they thought this was intentional they would have filed charges of murder.
If he had been patrolling all evening he would have had chucks of ice under his car. Should he get out and look under his car every block? No! After his shift he goes back to the station just like he did. The streets of Ironton are dark. Against dirty ice and snow it is hard to see something on the street. ( I guess we should all look for drunks lying in the street in the middle of the night).
Yes, he was drunk because he had an autopsy.
I don't think he did anything wrong. He was doing his job
by being on the street.
But, my main question was are the family filing suit again the place selling him the liquor? Or are they getting money from them too and not telling that part.
Posted by nottellin (anonymous) on December 30, 2009 at 4:57 p.m. (Suggest removal)
Didn't say it was intentional. But that does not make him any less negligent. He was not smart enough, or a good enough driver, to notice 150+ pound drag on his vehicle.
He was "that" drunk. He was not drunk enough to deserve being dragged by some stupid fool who couldn't tell he was dragging 150 EXTRA POUNDS.
I'm just glad Fouts is gone. We sure don't need any complete idiots in cop cars. He was negligent. When his car felt wrong (after he picked up his extra poundage) he should have stopped. "Duh, i thot it wuz jest snow and ice"... Idiot.
Posted by flo (anonymous) on December 30, 2009 at 5:44 p.m. (Suggest removal)
Were you out that night? No? Sounds to me like you are the idiot thinking you know what went on.
You try to be a policeman and see if your job is easy.
What I'm asking is why are the family suing?
Do they think this will punish someone? No-- I'ts all about THE MONEY
Posted by flo (anonymous) on December 30, 2009 at 5:51 p.m. (Suggest removal)
You're glad Fouts is gone- Did you go apply for his job and
show how its done? Of course not!! But you can find fault.
Posted by TeacherinOhio (anonymous) on December 30, 2009 at 6:16 p.m. (Suggest removal)
79Tiger,
Guy smelled of alcohol all the time. He didn't hide the fact that he drank. He was quite friendly to me all the time. He asked me out. We had many conversations. He was a very likable person. He had a wonderful sense of humor too. I liked him. I just don't think money is going to change anything. I hope it is used to do something in his name. If it isn't used that way, then it is just for someone else to have money in their pocket. There are people on here saying a lot of negative things but you keep addressing me. You should turn your attention to Flo. She is really upset about all of this.
Posted by anonymous0000 (anonymous) on December 30, 2009 at 6:44 p.m. (Suggest removal)
This is very disturbing...This makes me sick how people can be so judgemental...I thank those whom have said kind words but those people who decide to go out of their "i'm so perfect so imma bash the dead n their family" get a life...Is your family high and mighty?? Makes me wonder why am i a native and resident still of this place...Ironton is falling apart...People in it need to stop naggin n badgering and make something out of Ironton..For while everyone is fighting n bickering your young adults n kids are looking to leave and forget this place...I'M DONE TALKING BC PEOPLE AROUND HERE ARE OUT RIGHT IGNORANT...Thats why historical places r gone and those tax dollars everyone want to be angry about schools will be a waste...Take a moment n WAKE UP IRONTON....
Posted by columbiacop (anonymous) on December 31, 2009 at 12:10 a.m. (Suggest removal)
Shame on some of you leaving comments, Guy was still a human being . Alcoholics sometimes can't be helped so dont blame the family, Guy was an adult and responsible for living his life how he wanted, you cant help someone that dosen't want help. I went to school with Guy and Juan, both of them great people to be around. I am really disapointed in some of you leaving negative comments, you are the same one's time after time that bash everything that goes on in ironton and posted in the news paper. This family has suffered enough, it isn't anyone's business what the family does with the settlement. Stop and think about what you are saying before you post, if your intentions are to hurt this family anymore,fight the urge to be a Mean spirited a**hole.
Posted by 79Tiger (anonymous) on December 31, 2009 at 12:56 a.m. (Suggest removal)
I second that emotion.
Posted by slither (anonymous) on December 31, 2009 at 6:40 p.m. (Suggest removal)
I WENT TO SCHOOL WITH GUY , I ALWAYS GOT ALONG WITH HIM VERY GOOD , HE WAS A NICE GUY ,ALWAYS HAD A SMILE ON HIS FACE , HE DIED TO YOUNG
Posted by nottellin (anonymous) on January 1, 2010 at 7:41 a.m. (Suggest removal)
Flo... I couldn't apply. I have emphysema, they wouldn't hire me...idiot. Perhaps you should just keep your big yap shut.
I know I would DAMN sure know if I was dragging 150 EXTRA POUNDS under my car. I can tell when my tires are low because of the way it handles. I KNOW I could tell if I was dragging 150 EXTRA POUNDS underneath it.
I don't care if Guy was the biggest drunk on the planet... Fouts was STILL negligent in his operation of his vehicle. Negligent or stupid, either way the city failed Guy.
Posted by nottellin (anonymous) on January 2, 2010 at 7:13 p.m. (Suggest removal)
My guess, woodbutcher, is that, since O.J. was sued by by white people, flo is okay with that lawsuit's ending.
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