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Victim's father sues woman for DUI death

Kaitlyn Eckelberry died last February

A Butler woman is being sued for allegedly killing a 23-year-old woman while driving drunk last year.

Kaitlyn Marie Eckelberry was killed Feb. 22, 2020, during a motor vehicle accident, according to police.

The Allegheny County Police Department alleges in a criminal complaint that Madisyn N. O'Connor was driving drunk and killed Eckelberry, resulting in homicide charges.

Eckelberry's family filed a wrongful death lawsuit Friday in Allegheny County Court of Common Pleas, naming defendants O'Connor, a Butler County corporation and several Allegheny County bars that allegedly served O'Connor alcohol on the night of the accident.

The suit contends these defendants were responsible for Eckelberry's death.

O'Connor is scheduled to go to trial on criminal charges in Allegheny County on May 12, and she faces several felonies, including homicide by vehicle while driving under the influence and homicide by vehicle. She also faces a number of misdemeanor and summary charges in the case. She is free on an unsecured $50,000 bond.

On the civil side, the lawsuit names Carl Barto as a defendant. He owns two bars that O'Connor visited on the day of the accident.

According to the suit, O'Connor was driving at a speed of about 65 mph north on Route 8 around the Hampton area while Eckelberry was driving south in the same area.

Police, and the suit, allege that O'Connor drifted left into oncoming traffic and crashed into Eckelberry's car head-on. Eckelberry was pronounced dead at the scene by emergency responders.

The suit claims that O'Connor didn't use her brakes as she drove into oncoming traffic.

The family claims in the suit that O'Connor was “willful, wanton, reckless and outrageous because of her evil motive or her reckless indifference to the rights of others.”

According to police, O'Connor's blood alcohol content was more than 0.16%. In Pennsylvania, a level of 0.08% is considered intoxicated. Police said they found two cans of alcoholic seltzer in her car.

The lawsuit alleges that a few hours before the fatal accident, O'Connor bar-hopped between Jay's Other Place and Jay Mount Royal Inn, both bars that are owned by Barto. The lawsuit also names the establishments as defendants.

The bars O'Connor visited are accused of negligence because they allegedly continued to serve O'Connor alcohol when she was visibly intoxicated. The suit accuses the bars of violating Pennsylvania's Dram Shop Law, which entrusts licensed establishments with preventing people from becoming intoxicated at bars lest they be held legally responsible for any injuries or damages that the intoxicated person might cause.

The suit claims that O'Connor was visibly drunk while patronizing the establishments and the employees served her anyway.

In naming damages, the suit claims that Eckelberry suffered “great conscious pain, suffering, mental anguish and emotional and physical trauma.”

It claims her father, James Eckelberry, suffers “loss of services, society and comfort that (Eckelberry) would have provided” had she lived and “emotional and psychological loss.”

The suit also names ALM Industries, a Butler-based tree service company that owned the car O'Connor was driving. The suit claims the company was negligent in entrusting its vehicle to O'Connor when it should have known that she was under the influence at the time of entrustment. It also faults the company for not knowing she would have done this “because of her prior behavior, character or propensity” that she intended or would likely consume alcohol or drugs before and during driving.

The lawsuit asks a judgment for damages in the case and for a jury trial.

Eckelberry is a 2018 alumna of Gannon University in Erie, according to a notice from the school. The notice also identifies Eckelberry as a former softball athlete with the school. It notes that she is from Uniontown, Ohio, and she majored in the physician assistant program and graduated cum laude.

“Katie was such a tremendous individual who was committed to making a positive impact in the community,” said Gannon director of athletics Lisa Goddard McGuirk. “Our thoughts and prayers are with her family and friends during this difficult time.”

Gannon's softball coach, Michelle Wiley, said, “Kaitlyn was an amazing young lady who would brighten up any room she would walk into with her smile and energy. When I think of Katie, I always smile, because she had such a beautiful soul and such a passion for life and softball.”

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