National Roundup

Pennsylvania
Pittsburgh Zoo: Boy’s mauling is his mother’s fault

PITTSBURGH (AP) — The Pittsburgh Zoo & PPG Aquarium says the mother of a 2-year-old boy fatally mauled in a wild African dogs exhibit is to blame for her son’s death and shouldn’t be allowed to sue.
The claim filed Monday in the Allegheny County Court of Common Pleas comes in response to a wrongful-death lawsuit brought by the parents of Maddox Derkosh, who died Nov. 4 after falling over a 4-foot-tall railing into the exhibit when his mother lifted him up to get a better look.
“The injuries and damages sustained by Maddox Derkosh, including Maddox Derkosh’s death, were caused solely by the carelessness, negligence, and/or recklessness of Elizabeth Derkosh,” the zoo’s attorney wrote in the court filing. She “knew or should have known he could fall into the exhibit” and failed “to maintain a proper grasp of Maddox Derkosh after lifting him over the railing.”
The parents’ attorney, Robert Mongeluzzi, said in a statement Wednesday that “the zoo’s position is dead wrong and shameful.”
Prosecutors investigating the death of the boy called his death a “tragic accident” and said they wouldn’t prosecute his mother.
Allegheny County District Attorney Stephen A. Zappala Jr. said Maddox had vision problems and wore glasses, and that’s partly why his mother had lifted him on a railing to view the pack of African painted dogs. Zappala said witnesses described the boy lunging forward, as if he thought there was some sort of clear barrier to stop him. The boy fell and the animals immediately pounced on the child, who bled to death.
Jason and Elizabeth Derkosh are seeking unspecified damages in their lawsuit, which also alleges negligence.

New Jersey
Autistic teen’s parents appeal football ruling

BRICK, N.J. (AP) — The parents of an autistic teenager who sued after New Jersey’s high school sports governing body denied him a fifth year of eligibility are appealing a federal judge’s ruling.
The judge found the parents of Anthony Starego failed to show that the New Jersey State Interscholastic Athletics Association violated the Americans with Disabilities Act, saying the player was given access and opportunity.
But the Asbury Park Press reports the judge said the ruling might have been different if the case centered on the association’s rules governing eligibility.
The parents said the starting placekicker for the Brick High football team was entitled to play another year because he functions academically like a 10-year old.
The NJSIAA denied him eligibility because he’ll be 19 and has played four years.

Ohio
Woman accused of faking cancer for young son

NEWARK, Ohio (AP) — Authorities say a central Ohio woman faked a cancer diagnosis for her 4-year-old son and shaved his head in a scheme that convinced him and others he was dying and bilked people out of donations.
Court records allege the boy was taken to a hospital for symptoms such as seizures. He underwent blood tests, more than 150 hours of inpatient monitoring and other testing that found no problems.
His mother, 31-year-old Emily Creno of Utica, is charged with felony child endangerment. The Advocate in Newark reports that Creno didn’t comment in court Wednesday as her bond was set at $50,000. Court records listed no attorney for her.
The newspaper says a prosecutor wouldn’t discuss the possibility of more charges. Authorities say the alleged hoax began late last year.

Wisconsin
Lawsuit server says legislative aide pushed him

MADISON, Wis. (AP) — A process server says a legislative aide pushed him down when he tried to serve a Republican state senator with a lawsuit.
The Wisconsin State Journal reports the Center for Media and Democracy filed a lawsuit against Sen. Leah Vukmir in June seeking American Legislative Exchange Council records.
According to court documents, Bruce Lowery tried to serve Vukmir on Sept. 3 in her Capitol office. Lowery said Vukmir aide Jason Rostan chased him, pushed him down and called him vulgar names.
Lowery’s wife tried to serve Rostan the next day. Rostan held his hands behind his back and refused to accept the papers. She finally touched them to his hands and left them on a desk.
Rostan told the State Journal he followed Lowery but Lowery tripped.

New York
High court looks at pistol permit residency issue

ALBANY, N.Y. (AP) — New York’s highest court has been asked to determine whether state law prohibits issuing pistol permits to people who only live in-state part time.
The case of Alfred Osterweil comes to the Court of Appeals by way of the federal courts, where he challenged Schoharie County’s rejection of his 2008 handgun license application. While keeping a part-time vacation residence there, he advised the sheriff processing his application that he changed his primary residence to Louisiana.
A county judge ruled that he didn’t qualify under the state law that requires license applications in the city or county where the applicant resides.
A federal appeals court is considering Osterweil’s claim that violated his Second Amendment rights, but wants the state court to first determine the meaning of “resides” under the statute.

South Carolina
Group sues over SC public school event at chapel

COLUMBIA, S.C. (AP) — A humanist group has sued over a Greenville County public school’s decision to hold its 5th-grade graduation ceremonies at a Christian university.
The American Humanist Association on Wednesday filed a federal lawsuit seeking to stop Mountain View Elementary School from holding ceremonies in a chapel on the campus of North Greenville University.
The suit against the Greenville County School District also seeks to stop school-sponsored prayers at future events.
The group wrote to school officials in June after two parents complained about a May 30 ceremony at the university’s chapel in Tigerville.
North Greenville is affiliated with the South Carolina Baptist Convention.
Court records listed no attorney for the school district, and a spokesman did not immediately return a message.