BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON -- A tragedy that ended the life of a 7-year-old boy and strained relationships in a family reached its legal conclusion Thursday in a Butler County Probate Court hearing room.
Eighteen months after Ethan Fricke was fatally attacked by one and possibly two dogs at his aunt and uncle's house, Judge Randy Rogers approved a $225,000 settlement of a wrongful death lawsuit filed by Ethan's parents, David and Tara Fricke.
The Frickes wiped tears from their eyes after the hearing ended. "Everybody's really relieved they were able to conclude this without going to trial," the Frickes' lawyer, Mike Masana said. On Nov. 15, 1996, Mrs. Fricke and Ethan attended a baby shower at the Ross Township home of Nick and Susan Toon. Mr. Fricke is the brother of Mrs. Toon. The shower was primarily for Mrs. Toon, although both she and Mrs. Fricke were pregnant at the time.
While the adults were inside the house, Ethan walked into the back yard. There, a Siberian husky and a chow chow were leashed in a fenced area with an unlocked gate.
Ethan entered the fenced area and was attacked by the Siberian husky and possibly the chow chow.
People rushed out of the house to help him, but it was too late. One of the bites had severed the main artery in Ethan's neck. Less than an hour later, the boy was pronounced dead at Fort Hamilton-Hughes Memorial Hospital.
Both dogs were destroyed.
Police charged Mr. Toon with two counts of failing to confine a vicious dog. But on Feb. 5, Hamilton Municipal Court Judge John Rosmarin dismissed the charges, saying there was no evidence to indicate the dogs were vicious.
The Frickes, who live in Hamilton, tried to negotiate a wrongful death claim with the Toons' insurance company, Allied Insurance. When they couldn't reach an agreement, the Frickes filed a civil lawsuit against the Toons.
The Frickes declined to comment Thursday. The Toons did not attend the hearing and could not be reached for comment.
