A trial in the wrongful death suit filed last year by the mother of teenage murder victim Stephanie Wagner began this week.
Jane Gonzalez, the mother of the Royal Center girl killed in 2006, is claiming that the managers/owners of the Indian Head Restaurant in Winamac were negligent because they allowed convicted murderer Danny Rouse to work alongside the 16-year-old.
Attorneys for the plaintiff and defendants spent Monday selecting the six-person jury and began taking testimony Tuesday in Cass Circuit Court.
Mike Fitousis, owner of the restaurant that has since closed, testified that all he knew is that Rouse had stabbed someone more than 20 years ago while strung out on drugs and alcohol. He never conducted a criminal background check and said he did not know that Rouse had killed a 5-year-old boy and attempted to kill the boy’s mother in 1979.
Gonzalez’ lawsuit states that when Fitousis hired Rouse as a dishwasher in 2006, he knowingly put his employees at risk by not informing them about Rouse.
“Despite having knowledge of Rouse’s propensities based upon his violent past, the defendants did not inform any of their other employees of what they knew, or provide them with any warning or cautionary information,” the complaint stated.
Fitousis explained that when Rouse came looking for work, he was struggling because of his past. Fitousis let Rouse clean grease from an exhaust hood. He said Rouse did a good job so he gave him steady work for $250 a week.
According to the claim, Fitousis promised Wagner’s mother and stepfather he would look after her because it was her first job. Wagner had only been working as a waitress one month prior to her death on Oct. 31, 2006.
Fitousis testified that on the night Wagner died, he noticed Rouse did not leave immediately after completing his duties as he usually did. Instead, Rouse helped Wagner wrap silverware in napkins, which bothered Fitousis.
“I didn’t like it,” he said.
The plaintiff claims that both Mike and Heidi Fitousis noticed the behavior and were concerned by it, but did not intervene.
The two employees left at about the same time. A short time later at a location near the intersection of U.S. 35 and 900N in Cass County, Wagner stopped to assist Rouse, who faked having car trouble. He attacked and killed her with a knife. The next day authorities found Wagner’s body dumped in a cornfield along 700W.
On cross examination by Michael Tolbert, one of his attorneys, Fitousis said Rouse never harassed or had been aggressive toward anyone in the restaurant.
“He was real quiet,” Fitousis said.
For the alleged negligence in hiring a “convicted child murderer” and exposing restaurant employees to “substantial risk of potential harm,” and the subsequent loss of her daughter, Gonzalez wants compensated for damages, the attorney fees and the expenses for a funeral and burial.
Attorneys for the plaintiff are Perry Cross out of Muncie and Courtney Justice, Logansport. The defendants — Mike Fitousis, Heidi Fitousis and Mike Fitousis Enterprises — are represented by the law firm of Hoeppner Wagner and Evans in Merrillville.
The trial is scheduled for the remainder of the week.
• Kevin Lilly is news editor of the Pharos-Tribune. He can be reached at 574-732-5117 or kevin.lilly@pharostribune.com.
Local News
Testimony begins in wrongful death trial
Mother of slain Royal Center teen is suing restaurant owners
- Local News
-
-
Eyes on the skies: Grissom air traffic crews super busy with Super Bowl
As Indianapolis gears up for the Super Bowl, Grissom Air Reserve Base air traffic controllers are preparing for a full-on blitz of game-bound fans flying through their airspace.
-
‘Clerical error’ might cost Logan $20K
A “clerical error” in calculating retirement benefits may cost Logansport $20,000, city officials say.
-
Jurors convict Flora man of attempted rape
Jurors took just four hours Thursday afternoon to convict a Flora man of attempted rape, criminal confinement, battery and receiving stolen property.
-
LHS’ video clip will rock big screens in Indy
About 40 Logansport High School students - and their non-dancing principal - will hit the big screens Friday.
-
City seeks trial in Fire Stone suit
Attorneys representing Logansport have asked for a jury trial to settle the city’s long-running dispute with the owner of Fire Stone Grill.
-
Peru to annex 1,000 acres
In 2007, the city of Peru annexed 66 acres near U.S. 24 with hopes of enticing business to the area. But Peru Mayor Jim Walker says that was just the beginning.
-
Space issues at Pioneer Elementary push students into hallways, closets
Kindergartner Avery Smith and his literacy coach played a game Tuesday in a hallway at Pioneer Elementary School.
-
Three interested in Logan police pension board
Three candidates with ties to the Logansport Police Department are interested in serving on the Police Pension Board — a board in need of members after a falling out with Mayor Ted Franklin.
-
1 injured in semi-car collision
A 55-year-old Walton man was “doing fairly well” Tuesday night following an early morning crash where his car was hit by a semitrailer, a spokesman for the Miami County Sheriff’s Department said.
-
Walton man severely injured in crash
A 55-year-old Walton man was transported to a Kokomo hospital early Tuesday with massive head and upper body injuries after hitting a semi on U.S. 31.
- More Local News Headlines
-
Killer of Fla. Girl Found in Landfill Gets Life
Army Orders Bradley Manning Court-martial
Cancer Charity Revives Breast-screening Grants
Heavy Snowstorm Hits Colorado On Its Way East
2nd Teacher From LA School Arrested on Sex Claim
Prosecutors Close Armstrong Inquiry, No Charges
Sights and Sounds: Football Fans Pour Into Indy
Unemployment Rate Down to 8.3%
Obama: Still Far Too Many Americans Need Jobs
GOP: Jobs Numbers Welcome, Can Do Better
Fla. Man Adopts Girlfriend in Legal Battle
More Deaths As Egypt Clashes Continue
Raw Video: Prince William in Falklands
Egpyt Protesters Blame Police for Soccer Deaths
'Lucky' 9-Year-Old Receives 6-Organ Transplant
Raw Video: Michelle Vs. Ellen in Pushup Contest
First Person: Will Peyton Manning Stay in Indy?
Egypt Shaken After Deadly Soccer Riot
New Suits, New Starts for New York's Unemployed
Hall of Famer Dorsett Speaks Out on NFL Injuries
