Families of injured boys file suit

PERKINS TWP. — The families of two boys who were injured in a July traffic crash have filed suit against the alleged at-fault driver. Joseph P. Fox, 34, of the 3300 block of E. Stoneway Drive, is facing criminal charges for the crash, including: • Three counts of operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them, each a third-degree misdemeanor • Two counts of aggravated vehicular assault, each a third-degree felony • One count of failure to stop after an accident, a fourth-degree felony The background Just before 3 a.m. on July 5, Fox was reportedly driving a Chevy Trax southbound on Campbell Street near the 2700 block. At the same time, three boys were riding a three-wheeled bicycle in the same direction, according to a media release from the Ohio State Highway Patrol. Fox allegedly failed to maintain an assured clear distance ahead and struck the bike. One of the boys was able to jump clear before the impact. The civil complaints The other two boys, whose families are suing in separate actions, were thrown from the bike and suffered severe injuries. In their civil complaints, both sets of plaintiffs claim the injuries the boys suffered are life-altering and resulted in permanent disability. One of the boys suffered a traumatic brain injury, the suit states. Both were flown from Sandusky by medical helicopter for treatment at a Cleveland hospital. The suit names Joseph Fox, David Fox, both of Sandusky, and River Avenue Enterprises LLC, the company that owns Louie's Bar, as defendants. Joseph Fox allegedly caused the injuries by driving while impaired, while David Fox is the vehicle's owner. The families are suing Louie's Bar because they allege that employees overserved alcohol to Joseph Fox, the suit alleges. Both suits are seeking damages in excess of $25,000. Defendants' responses Louie's Bar filed answers to both complaints. In the response, it mostly denied claims made by the plaintiffs or asserted that they were without sufficient knowledge. Both Foxes filed answers to the complaints, according to court records. Like Louie's Bar, they denied many of the claims made against them or said they didn't have sufficient knowledge to answer. All three defendants stated numerous affirmative defenses and asked the court to dismiss the suits with prejudice. That means the plaintiffs would not be able to refile their complaints if a judge dismissed them. Joseph Fox's criminal case is ongoing. After being indicted in October, Fox pleaded not guilty and has another appearance in Erie County's Common Pleas Court scheduled for this week. Fox is currently out of jail on a $65,000 bond.