The family of the late Joseph Edgar "Ned" Buckley, owner of Mootz Candies who died Feb. 19, may reopen the Pottsville business if it's successful in the pursuit of a more than $2 million lawsuit, attorney Michael J. Fiorillo said Tuesday.
"I do believe that's their intent," said Fiorillo, who is representing the family and the business in the case.
The former chocolatier closed its 220-222 S. Centre St. factory and store in July 2010 due to alleged damages caused by the construction of Union Station. On Jan. 11, Buckley filed a $2,750,000 lawsuit in county court against three of the station's contractors.
The three defendants in this case are the prime contractor, William H. Lane, Binghamton, N.Y., and two subcontractors, H.T. Sweeney & Co. Inc., an excavator from Brookhaven, Delaware County, and Berkel & Co. Contractors Inc., a driller from Pasadena, Md.
In the lawsuit, Buckley claimed all three were negligent in their duties and he demanding a jury trial.
On Feb. 19, Buckley, 54, of Deer Lake, died unexpectedly at his residence. The son of the late Clement and Georgine Mootz Buckley, his survivors include his wife, Sharon J. Ege Buckley; sons Kirk Freed, Orwigsburg, and Jeremy Freed, Schuylkill Haven; and daughters, Shannon Smith and Madeline Buckley, both of Deer Lake, according to his obituary.
Joseph Buckley had a will and Fiorillo said he and Sharon Buckley were discussing the estate Tuesday. In the will, Joseph Buckley named his wife, Sharon as the executor, according to Fiorillo.
"The plan is to open an estate in the near future. In the lawsuit, then we'll be substituting the 'estate' for Ned," Fiorillo said.
The family will soon open an estate for Joseph Buckley at the Register of Wills Office at the Schuylkill County Courthouse, Fiorillo said.
The estate is its own entity, Chester C. Corse Jr., the assistant city solicitor for economic development, said Tuesday.
"You have to look at these things as if they're different people. While Ned's an individual, so is his estate. So once that estate is opened, you have to file a document in the civil lawsuit which is called 'a suggestion of death,' which simply states that Mr. Buckley has died," Corse said.
"So, to move forward, we'll substitute Ned's estate for Ned," Fiorillo said.