Lawsuit filed in wreck that killed, injured

By Times staff writer

© St. Petersburg Times,
published June 1, 2001

DADE CITY -- The guardian of a woman seriously injured in a fatal April crash has filed a lawsuit against a Land O'Lakes motorist.

According to court records, Mary Harper, listed as guardian for Marilyn Harper Daley, 42, filed suit Tuesday in Circuit Court, blaming driver Eric Vaughn Toler, 29, and the owner of the car he was driving, Steve L. Toler.

Harper's suit does not specify the damages sought, but it contends Daley suffered permanent injuries in the accident. Daley remained in Tampa General Hospital on Thursday, listed in fair condition.

Daley was walking along U.S. 41 in Land O'Lakes with her friend, Alice Denga, 51, about 5 a.m. on April 18 when they walked into the path of a 1994 Chevrolet driven by Eric Toler, according to the Florida Highway Patrol.

Denga was killed in the crash.

The two women worked together at Steve's Fountain View restaurant in Land O'Lakes.

Daley's lawsuit contends Eric Toler was driving negligently and the owner of the vehicle, Steve Toler, was negligent in lending the car to another driver. The suit does not specify Daley's relationship to Harper other than to say she is the injured woman's guardian.

Eric Toler and Daley's attorney, Neal O'Toole of Bartow, were not available for comment Thursday. A woman who answered the telephone at Steve Toler's home said the family would have no comment.

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