Sheetz seeks to dismiss lawsuit filed by Perryopolis victim's family for fatal head-on crash

Lawyers for Altoona-based Sheetz Inc. have asked a Westmoreland County judge to dismiss the company from a wrongful death lawsuit related to a 2022 fatal crash along Interstate 70 in South Huntingdon.

The family of 25-year-old David Ott of Perryopolis filed a lawsuit months after he was killed in a head-on collision. Police contend the crash was caused by a Scottdale woman who was drunk, under the influence of marijuana and drove on the wrong side of the highway.

The Ott family contended Sheetz was liable for the crash and claimed Cassandra M. Harrold, the driver of the wrong-way vehicle, was visibly drunk when she was allowed to purchase alcohol at the convenience store near Mt. Pleasant shortly before the crash.

In court documents filed this week, Sheetz refuted the allegations and contended there was no basis to be held liable for Harrold’s actions and insufficient evidence to prove she was visibly drunk when sold alcohol. The company contends three counts against Sheetz in the six-count lawsuit, wrongful death, a survival action and negligence, should be dismissed.

Harrold, 30, and two family members are also named as defendants in the lawsuit.

According to the Ott family lawsuit filed in October 2022, Harrold is accused of purchasing four cans of beer at the Sheetz just after 7 p.m. on June 19, 2022. She returned nearly three hours later, appeared drunk had slurred speech and dropped objects before she was allowed to purchase another five cans of beer, according allegations in the lawsuit.

Police said Harrold, shortly after midnight, drove west in the eastbound lanes of Route 70 and struck Ott’s vehicle. Ott died from injuries sustained in the head-on crash crash. Police said empty beer cans were found in Harrold’s car.

Harrold was charged earlier this month with homicide by vehicle while drunk, reckless endangerment and other offenses in connection with Ott’s death. Police said Harrold had a blood alcohol level of 0.213% at the time of the crash, more than two times a motorist in Pennsylvania considered to be intoxicated.

Harold is free on a recognizance bond and is scheduled to appear before East Huntingdon District Judge Charles Moore for a preliminary hearing on April 23.

Harrold’s lawyers last week asked a judge to stay the civil litigation against until the criminal case is concluded.

“Should the civil matter proceed further at this time defendant Cassandra Harrold will also be forced to invoke her right against self-incrimination during additional discovery and trial of this matter, both of which will inhibit all of the parties’ ability to fully litigate this matter,” wrote Harrold’s lawyer James P. Cullen.