WILKES-BARRE — A man critically injured in an unsolved shooting at the Sherman Hills apartments nearly four years ago settled his negligence suit with the owners of the complex.
The settlement was reached last week in the case filed by Kody Gamble in 2016 against Treetop Development LLC and The Aspen Companies LLC of Teaneck, N.J. Terms were not disclosed.
U.S. District Judge Robert Mariani dismissed the case July 20.
Attorney Jonathan Comitz, of Wilkes-Barre, whose law firm represented Gamble, said in an email the amount of the settlement satisfied his “enormous medical bills” from a month-long hospital stay “and has now allowed him to move on with life.” Gamble has a full-time job in Scranton and is “doing much better since the injury,” Comitz said.
Gamble was shot in the neck Sept. 14, 2014, near a stairwell in building 304 on North Empire Court and sued the complex’s owners, alleging they were careless and negligent in failing to ensure his safety despite their claims of improving security on the property with a history of violence and crime.
Wilkes-Barre police have yet to file charges in the shooting, despite having been given the name of the alleged shooter by Gamble and his mother, Amy Weins. The complex’s owners said LeQuan Graham, of New York, pulled the trigger and they sued him. Attempts to locate Graham and serve him with a notice of the suit have been unsuccessful.
The status of a criminal investigation into the shooting was unclear. In a deposition, Gamble said police told him they dropped the investigation because he was untruthful and denied he went to Sherman Hills to get marijuana to sell. Attorneys for Sherman Hills subpoenaed records from police and received redacted investigative files earlier this year.
Reach Jerry Lynott at 570-991-6120 or on Twitter @TLJerryLynott.