TBO.com - Tampa Bay Online
Crash Victim's Guardian Files Lawsuit Against Bolleas
News Channel 8 Photo by TODD DAVIS
Lawyer George Tragos, seated at the middle of the table, talks about a lawsuit filed today on behalf of John Graziano. The parents of Graziano were also at the press conference.
ADVERTISEMENT
Published: March 24, 2008
Updated: 03/24/2008 06:31 pm
Related Links
CLEARWATER - The guardian of John Graziano filed a lawsuit today against Hulk Hogan and family for injuries that left the Iraq war veteran in a semiconscious state after a wreck police say was caused by Hogan's son.
Guardian Peter Musante is suing the famed former wrestler, whose real name is Terry Bollea, as well as Bollea's estranged wife, Linda, who is divorcing him. The suit also lists as a defendant their 17-year-old son, Nick Bollea, who was driving the Toyota Supra on Aug. 26 when it smacked into a tree. The driver police say Bollea was racing, Danny Jacobs, 22, also is being sued.
The lawsuit does not say how much money is being sought, but George Tragos, an attorney for Graziano's guardian, said millions are expected to be required for Graziano's long-term care, hopefully at home with his family until the end of a natural life.
The cost of care for Graziano, 23, who is currently at James A. Haley VA Medical Center in Tampa, already has exceeded $1 million, he said. The U.S. Department of Veterans Affairs is expected to try to recover at least some of those costs.
Graziano is not in a vegetative state, Tragos said, but in a semiconscious one. Part of his frontal lobe had to be removed, but he responds to heat, touch, and there's eye movement. On occasion he has breathed without a ventilator.
Part of the timing of today's filing is related to the increasingly bitter divorce between the Bolleas, said Kimberly M. Kohn, another attorney working on Graziano's behalf. Some of what could be divvied up or allocated – such as alimony for Linda, or child support for Nick – could not be touched in the pursuit of damages, she said.
Sandy Wineberg, one of the attorneys working for Hogan and his son, said today that he was not surprised by the lawsuit, but hadn't had a chance to study it. He said one of Graziano's decisions the day of the tragedy will come into play.
"A major issue in this case will be John's failure to have a seatbelt on," Wineberg said. "He wouldn't have been seriously injured if he had been wearing it."
Tragos scoffed at the notion. "The seatbelt didn't hit the tree," he said.
It was unknown what attorneys, if any, had been retained by Linda Bollea or Danny Jacobs to represent them.
Before the wreck, Nick Bollea – at the wheel of the Supra – and Jacobs ¬– at the wheel of a Dodge Viper – were racing through downtown Clearwater, police say. The Supra, which came from the factory with 300 to 330 horsepower, had been souped up to have more than 400 horsepower, the suit says.
Later, Nick Bollea was charged with reckless driving involving serious bodily injury. His case is winding through the judicial system. Danny Jacobs pleaded no contest in February to a charge of reckless driving and was sentenced to probation, with his license suspended for 90 days.
The lawsuit says Hogan is liable because he owned both cars and let both his son and Jacobs drive them, even though he knew both had a propensity to race on public roads. He also let his son "drift'' – or control the car while it is going sideways at a fast rate of speed – on public roads, the suit says.
Once, Hogan was with his son in a Mercedes when his son was stopped twice on Alligator Alley by the Florida Highway Patrol for driving more than 100 mph, the suit notes. He let his son keep his driving privileges.
Hogan is also liable because he signed off on his son's driver's license application, the suit says.
Like her estranged husband, Linda Bollea is liable because she allowed her son and Jacobs to drive the cars parked at her home, even though she was aware of how they drove. The suit cites a quote from the video "Vehicular Lunatics," in which Linda Bollea makes an appearance and praises street racing.
"Oh, I love it, I love it," Linda Bollea is quoted as saying: "The rush, the speed of the road, stereo blasting, heart pounding, racing in between all the cars, dodging the cops. It's awesome."
Her son is listed as a defendant because he was reckless and was under the influence of alcohol at the time of the wreck, the suit says. Court records say that two hours after the wreck, Bollea's ethanol serum level was .055, and he was cited for driving as a minor with a breath-alcohol level of .02 or higher. This was one of the reasons he lost his driver's license.
What the suit does not say is that one of Nick Bollea's defense attorneys, Kevin Hayslett, proved to a hearing officer with the Florida Department of Highway Safety and Motor Vehicles that Clearwater police improperly obtained a blood sample from Bollea, paving the way for Bollea to drive again.
Danny Jacobs is listed as a defendant because he was speeding and engaging in "light to light" racing before the wreck, the suit says.
Reporter Rod Challenger of WFLA News Channel 8 contributed to this report. Reporter Stephen Thompson can be reached at (727) 451-2336 or spthompson@tampatrib.com.
Post a comment
(Requires free registration.)
* Keep it clean
* Respect others
* Don't hate
* Don't use language you wouldn't use with your mom
* Use "Report Inappropriate Comments" link when necessary
* See Member Agreement for details
Reader Comments
Posted by ( mr_hanky ) on March 24, 2008 at 1:58 p.m. ( Suggest removal )
Amazing - this poor guy goes to Iraq to fight in the war, only to be taken out by a 17-year-old punk driving a Supra in Clearwater. It would occasionally appear that Iraq is a much safer place than our FL roads when teens are driving like maniacs and running each other down on sidewalks. What are the chances the Bollea offspring learned anything from this?
Report Inappropriate Comments
Posted by ( acarr ) on March 24, 2008 at 2:02 p.m. ( Suggest removal )
Who is footing the Bill at the VA hospital for Grazianos services? This not a Service connected Disability???
Report Inappropriate Comments
Posted by ( Zipnby ) on March 24, 2008 at 2:08 p.m. ( Suggest removal )
He didn't learn anything, anything good at least.
Report Inappropriate Comments
Posted by ( ariana ) on March 24, 2008 at 2:11 p.m.
(This comment was removed by the site staff.)
Posted by ( thirdeye ) on March 24, 2008 at 2:13 p.m. ( Suggest removal )
Life is just not fair. No how no way! This is just so incredibly sad and heartbreaking. One thing for sure he is awfully tough considering all he has been through. He is so loved....
Report Inappropriate Comments
Posted by ( SKBrady80 ) on March 24, 2008 at 2:14 p.m. ( Suggest removal )
So, first off, suing for millions is not going to fix John. I do realize that medical care should be covered, but in excess of that? For what? And why are they suing Terry and Linda? They were not in the vehicles, they were not racing, why should they pay the price for their son's ignorance? I am very sorry for John and I sincerely hope he gets better soon, but a long drawn out legal battle to benefit financially from his accident is completely unnecessary.
Report Inappropriate Comments
Posted by ( thirdeye ) on March 24, 2008 at 2:17 p.m. ( Suggest removal )
acarr what does it matter? This question has been asked so many times. Do people ask about who's footing the bill for any one else? Frankly, I am happy if my tax dollars are going to a war veteran no matter how he was injured rather than a crack addict that NEVER fought for me and you!
Report Inappropriate Comments
Posted by ( Chances_Are ) on March 24, 2008 at 2:20 p.m. ( Suggest removal )
I am sure John knew this "bonehead's" driving skills and probably was cheering on the race. I remember hanging out with guys that raced through town without any regard to anyone else... It's called immaturity and irresponsibility. Look at Bollea's parents... I think they lack a few of these personality traits as well.
Report Inappropriate Comments
Posted by ( solar ) on March 24, 2008 at 2:20 p.m. ( Suggest removal )
It would be refreshing (to say the least) if Hogan and Co. accepted responcability and agreed to help pay the medical bills and settled out of court. I know I'm dreamin' but it sure would help both sides a lot to try an move forward.
Report Inappropriate Comments
Posted by ( sunnyacct ) on March 24, 2008 at 2:31 p.m. ( Suggest removal )
The US taxpayers are footing the bill for this poor soul's care at the VA Hospital. Problem is that the injuries he received were not related to military service but to a reckless civilian. The Bolleas should absolutely be sued to gain financial support Mr. Graziano's care and reimburse the US taxpayers for their negligence. And I mean parents and 17 year old child are all negligent.
Report Inappropriate Comments
Posted by ( FyreFox ) on March 24, 2008 at 2:33 p.m. ( Suggest removal )
I do think Nick should be punished and definately pay something BUT this Graziano guy was old enough to know to wear a seat belt, which he wasn't (mentioned in a previous article). So it makes one think, would his injuries have been THIS bad if he HAD worn a seatbelt. Nick isn't responsible for telling a 22 year old marine to buckle up.
Report Inappropriate Comments
Posted by ( lberry ) on March 24, 2008 at 2:43 p.m. ( Suggest removal )
Thirdeye...AMEN!
SK80brady?? The law suit is for John's long term medical care not for his family's financial benefit or gain, nothing will go to his family. As far as suing Linda and Hulk it has nothing to do with racing...remember Nick said he was NOT speeding or racing. Have you seen the car???...Ariana...like it but one problem in order to move Nicks frontal lobe...he would have to have one to begin with. Hogans go to college? Get real they paid people to do there High School homework so they could graduate from HS...put them all in a box and you still don't have one "bright" crayon in the box!!!
Report Inappropriate Comments
Posted by ( lberry ) on March 24, 2008 at 2:47 p.m. ( Suggest removal )
FyreFox...law states the driver is responsible for everyone in the cars safety.
Report Inappropriate Comments
Posted by ( goodhands33637 ) on March 24, 2008 at 2:49 p.m. ( Suggest removal )
John Graziano from the bed, "LET ME TELL YOU SOMETHING BROTHER! THESE JABRONI's ARE GOING TO LEARN THEIR LESSON WHEN THEY GET THEIR DAY IN COURT! THEY WILL PAY...THEY WILL PAY! THEN, I'LL GET THEM IN THE RING AND BODY SLAM THEM!"
Report Inappropriate Comments
Posted by ( bmckeen ) on March 24, 2008 at 2:52 p.m. ( Suggest removal )
This is so sad! I would not be so pompous as to say I saw THIS coming, but when we all tuned in to watch Nick on their reality show--I think everyone knew that things for this kid were going to get a lot worse before they got better.
I feel for Graziano and his ffamily. Maybe he made a poor choice by befriending Nick, maybe he made a poor choice regarding seatbelts etc... but this young man is a Patriot who deserves our prayers and support.
Report Inappropriate Comments
Posted by ( lberry ) on March 24, 2008 at 2:54 p.m. ( Suggest removal )
FyreFox..also mentioned in a previous article was Nick's license plate#...
CTEHSP which stands for...Certified to ELUDE HIGH SPEED Pursuit...YOU FIGURE IT OUT!! NICK thinks he is ABOVE the law! Not anymore...enough is enough!
Report Inappropriate Comments
Posted by ( NEDLY ) on March 24, 2008 at 2:57 p.m. ( Suggest removal )
They will sue the parents because Nick is a minor. No one will ever know what would have happened "IF" he wore his seatbelt. It's all speculation. Was Nick wearing his? He had no head trama but then again is there anything up there? All speculation again.
Report Inappropriate Comments
Posted by ( thirdeye ) on March 24, 2008 at 2:58 p.m. ( Suggest removal )
It is the law of the land...always blame the victim and make sure the criminal gets all the "justice"!
Report Inappropriate Comments
Posted by ( DennyPCrane ) on March 24, 2008 at 3:01 p.m. ( Suggest removal )
FyreFox before you make a fool of yourself again, the driver of a vehicle is responsible to not move the vehicle until all passengers are buckled up. You need to learn your Florida statutes before commenting.
Report Inappropriate Comments
Posted by ( GF ) on March 24, 2008 at 3:04 p.m. ( Suggest removal )
SKBrady80, They should sue Terry and Linda for putting their son in a 600+HP car with license plate that means "Capable Of Eluding High Speed Pursuit". Just because your kid wants something, doesn't mean you give it to him, no matter how much money you may have. I wanted a car like that when I was young, but my parents were responsible enough not to give it to me.
Report Inappropriate Comments
Posted by ( solar ) on March 24, 2008 at 3:05 p.m. ( Suggest removal )
SK Brady, Terry and Linda are being sued because their son was 17 years old at the time of the crash. Until a person reaches 18, the parents are liable for his/her actions.
Report Inappropriate Comments
Posted by ( RobKay ) on March 24, 2008 at 3:09 p.m.
(This comment was removed by the site staff.)
Posted by ( 1voice ) on March 24, 2008 at 3:45 p.m. ( Suggest removal )
Heart goes out to the guy and his family but wtf? He knew the possible consequences riding shotgun tooling around town drag racing. Have to consider that he was as much a participant as the driver.
Report Inappropriate Comments
Posted by ( Melody07 ) on March 24, 2008 at 3:46 p.m. ( Suggest removal )
Parents this is a good example to use when talking with your teens about their actions. The parents are legally & financially responsible for the kids actions till they are no longer your financial dependants. That means if you are still claiming them on your taxes & they do something like this (gross negligence), then mommy & daddy can lose a lot of money & assets down in the courtroom. Same thing if your kid hurts someone & has drugs or alcohol in their system. Attorneys just love $$$ those cases. That's why Nick's attorney had the photo on the news last month trying to convince the public that Nick did NOT have bloodshot eyes an hour or two after this collision.
It doesn't matter in this case. Once they bring up Nick's prior driving history, the scene photos, the testimony of the other driver in the accident to prove he was racing. The fact that dear old dad knew of his sons need for speed behind the wheel & still chose to give him a car that goes a million miles per hour. They'll get their millions & they should.
Report Inappropriate Comments
Posted by ( tedh1112 ) on March 24, 2008 at 3:47 p.m. ( Suggest removal )
If Graziano is in a veterans' hospital (as is reported), all taxpayers are footing the bill.
The US government should be suing Bollea to recoup some or all of the money it has cost the system to care for this young man.
It just goes to show what one stupid mistake can do to any family, rich or poor.
Report Inappropriate Comments
Posted by ( icebrkr ) on March 24, 2008 at 3:47 p.m. ( Suggest removal )
Yay! Florida.. Where redlights, speed limits and general ability to drive safely is completely ignored. I've lived here 4yrs and I've never seen so much disregard for the law not to mention just lack of intelligence when it comes to driving. A lot of people blatantly drive through red lights, don't check their sholder when changing lanes, never use their blinker. They just don't care. It's a social norm around here. Nick was just trying to fit in </sarcasm>
Disgusting.. : (
Report Inappropriate Comments
Posted by ( FyreFox ) on March 24, 2008 at 3:49 p.m. ( Suggest removal )
DennyPCrane - again? I wasn't aware I was making a habit of it.
While it is the law to buckle up it's not the place of a 17 year old to hold down, force and beg a 22 year old to buckle up. I'm sure John wasn't complaining while they were racing the other car and I'm willing to bet that this wasnt the first time this has happened with the two. It just happened they got into an accident THIS time. Just like any other teenagers they pushed the limits until something bad happened. People always pawn their own irresponsibility on other people when the unfortunate happens to them. Nick wore his seatbelt, he's alive and well today. Ironic.
Like I said, I do think it's necessary that Nick be prosecuted for reckless driving and whatever other charges there are but we're making John to be a total innocent victim when he was most likely instigating this race just as much as the others. Like they say, it's all fun and games until someone gets hurt and then the fingers start pointing and people have dollar signs in their eyes. If the Bollea's weren't famous with money this would just be another senseless racing accident that happens all too commonly with less penalties in those cases.
Report Inappropriate Comments
Posted by ( kdub ) on March 24, 2008 at 3:49 p.m. ( Suggest removal )
All you people are so stupid. No one put a gun to this kids head and said get in the car and don't put your seatbelt on while this stupid 17 year old drag races through the streets!!! Yes, I feel sorry for him, but just as no one FORCED him to fight in Iraq, no one FORCED him to street race. He knew EXACTLY what could happen to him and unfortunately, it did.
Report Inappropriate Comments
Posted by ( GF ) on March 24, 2008 at 4:01 p.m. ( Suggest removal )
kdub, No one FORCED Nick to punch the car and lose control either. No one FORCED Terry to buy his son such a powerful vehicle. I don't think anyone is saying that anyone was FORCED. But now that this has happened who will be FORCED to foot the bill?
Report Inappropriate Comments
Posted by ( FyreFox ) on March 24, 2008 at 4:07 p.m. ( Suggest removal )
Oh, and while we're on the subject of holding parents accountable for their children's irresponsibility, let's sue John's parents for not teaching their son to buckle up. Maybe the Bollea's can counter sue John's parents claiming that if they had simply taught their son how buckling up actually does save lives and it is the law then he wouldn't be semi-concious thus the Bollea's would not being sued for that many million dollars more in medical expenses for John. There is always someone else to point fingers at and that is all this world does now-a-days.
Report Inappropriate Comments
Posted by ( boilstheclown ) on March 24, 2008 at 4:10 p.m. ( Suggest removal )
thats a VA hospital and hes staying there for free so no matter how much its costs, the kids mother is not footing, the bill no need to LIE ok, thats why its a VA hospital and not brandon hospital cause the type of medical coverage he has is no better than welfare, coverage hes a marine so he has united states army insurance, not PRIVATE insurnance LIKE MET LIFE, or blue cross blue shield LIKE MOST AMERICANS HAVE, THESE DAYS, THE FEDRAL GOVERMENT IS FOOTING HIS MEDICAL BILLS, NOT HULK HOGAN
Report Inappropriate Comments
Posted by ( picogator ) on March 24, 2008 at 4:11 p.m. ( Suggest removal )
Hey Kdub...do you know about following commands if you are in the military? WTF are you commenting on "Forced,"...
and I side with all those who agree that the Boleas (all those idiots...go back to Miami) should be financially liable...and NB needs to be permanently relieved of all driving privileges in FL.
Report Inappropriate Comments
Posted by ( pdspal03 ) on March 24, 2008 at 4:13 p.m. ( Suggest removal )
All this is great. But if you go back to the facts, it seems that the cars were taken without permission from Terry because Nick and the boys could not wait for him to get out of the shower. So in a way, Nick did not have the say so, yes, John did not have his seat belt on, and Florida is a no fault state. As for the millions of dollars law suit, I know that John will require a lot of care, but how much of this do you think the parents are looking to get for themselves just because they saw a money machine? Also you have to remember that the Bollea's have already paid for John's hospital expenses since the accident before he was transferred to the VA.
Report Inappropriate Comments
Posted by ( HG813 ) on March 24, 2008 at 4:21 p.m. ( Suggest removal )
FyreFox - you are an idiot! Why are you blaming John? You are rude and ignorant. You're probably one of Hulk's fans.
Report Inappropriate Comments
Posted by ( Bonsai ) on March 24, 2008 at 4:26 p.m. ( Suggest removal )
I still have problems with this misinformation. Graziano is a veteran. He is still in the service last I heard. He's in a VA Hospital. His treatment should be provided by the taxpayers of this country. Who's fooling who here with how much it's costing. This is bull. I agree the Bollea's are to pay but not for his care while he's in the VA. Transfer him to a private facility then get your millions.
Report Inappropriate Comments
Posted by ( thirdeye ) on March 24, 2008 at 4:30 p.m. ( Suggest removal )
Seems that's EXACTLY what you are doing FyreFox...pointing fingers in the wrong direction other than the person that is absolutely, positively responsible, but that's ok that's what John fought for so you can voice your outlandish opinion! Of course John would have done things differently had he known the results as you seem to imply, but as the saying goes hindsight is 20/20!
Report Inappropriate Comments
Posted by ( rjp ) on March 24, 2008 at 4:36 p.m. ( Suggest removal )
icebrkr,
I agree with you completely. I too have been here for four years and can't believe what I see every day, and how about the number of accidents? Yow!!!
Report Inappropriate Comments
Posted by ( thirdeye ) on March 24, 2008 at 4:38 p.m. ( Suggest removal )
Boilstheclown...my husband was a Marine and he would be very upset to hear you say that he had "Army" insurance. They are 2 very separate branches of our military. They are NOT one in the same, but the insurance for both are covered by us the citizens of the US of AAAAAA!
Report Inappropriate Comments
Posted by ( ms_stpete ) on March 24, 2008 at 4:39 p.m. ( Suggest removal )
Reckless driving resulting in damage and serious bodily injury is against the law regardless of whose loins you are from. Nick was under 18 and was legally a minor. It is his parents responsibility to ensure his safety and they are legally liable if he causes injury to another person. Btw, how did the other kid get the keys to Terry's Viper? I surely wouldn't be letting my kid's friends drive my car. Are there any theft charges against him for taking the car or was there implied permission?
Report Inappropriate Comments
Posted by ( lberry ) on March 24, 2008 at 4:40 p.m. ( Suggest removal )
I said it before but I will say it AGAIN...the only person who will rightfully benefit from this is John Graziano for his medical care...his parents get NOTHING. Notice the Medical guardian's name who is Peter (mentioned in this article) he is the one who will control the money for John's medical care. His family will get NOTHING!!! It's not about the money, it's about doing the right thing and taking care of John for the rest of his life.
Report Inappropriate Comments
Posted by ( FyreFox ) on March 24, 2008 at 4:46 p.m. ( Suggest removal )
As I recall I didn't BLAME John for this I am simply pointing out that HAD he worn a seat belt would his injuries be as serious as they are and to the extent of what they are nor did I say Nick was not at fault, scroll up and read that I said he should be prosecuted. If you guys would READ what I said you would see that. Just because he is the one who got injured doesn't automatically make him blameless. I'm sorry I don't feel oh so sorry for someone (whether a marine or not) who doesn't do anything to help themselves. Partake in street racing, this is what can happen and sadly did happen.
Report Inappropriate Comments
Posted by ( joeyg ) on March 24, 2008 at 4:58 p.m. ( Suggest removal )
I totally agree with FYREFOX. ANd I can't stand the Hogan's. It's ridiculous that the parents would be sued. To me, only the negligent party should be sued. For example, the lady suing McDonalds for an employee not putting the coffee cup lid on all the way. That shouldn't be McDonalds fault, it's the fault of the employee.
Or some bozo suing a gun company for somebody being killed by the gun. It isn't the gun manufacturers fault, it's the person who pulled the trigger.
I can give you a THOUSAND scenarios where people sue the company over something ONE employee did. If the employee was trained the correct way and the employees negligence was NOT the fault of the company, then how is it that our legal system allows us to sue a corporation?
It's ridiculous.
Just like with this passport breach situation. So I guess OBAMA can sue our federal government when 1 or 2 employees BREAK company and federal laws by accessing their passport records? NO, they shouldn't be allowed to. You FIRE the employees but you shouldn't be able to sue unless you can prove negligence. Tens of THOUSANDS (if not more) companies settle BOGUS lawsuits and VERY FEW are the result of negligence, or improper training. Usually just a bad apple, which all companies and famies have.
And don't insult our intelligence about parents buying a car with 600hp. A car is DEADLY, whether it's a VIPER or a HONDA CIVIC. The son racing and John being in the car have NOTHING to do with the parents. They were not TOLD or instructed to go do this.
Report Inappropriate Comments
Posted by ( hollandsworth777 ) on March 24, 2008 at 4:58 p.m. ( Suggest removal )
WOW
Report Inappropriate Comments
Posted by ( ashtwin3 ) on March 24, 2008 at 4:59 p.m. ( Suggest removal )
This was unfortunate for all parties involved. EVERYONE in the car was old enough to make the decision of putting on their seat belt. I wouldn't point the blame at Nick. It's making the same choice as hopping in your friend's car who is drunk. Would you blame them for crashing or point the finger at yourself for making the choice.....
Report Inappropriate Comments
Posted by ( tmpas53 ) on March 24, 2008 at 5:20 p.m. ( Suggest removal )
I don't think the family deserves to be sued. The kid was responsible. The kid should face time in prison. But, as the last person said, everyone, including JOHN made bad decisions that night. I am sure he was not in the car yelling for Nick to stop. HE put himself in that vehicle. He is partly to blame.
Report Inappropriate Comments
Posted by ( ashemgra ) on March 24, 2008 at 5:29 p.m. ( Suggest removal )
OMG let's blame the victim of this tragic 'accident'! It has been going on since the accident happened. John is the innocent victim! He was the passenger in a car that he was not in control of evidently the driver wasn't either! You have parents who continued to allow their underage son to drive high powered cars when they KNEW he had problems obeying the driving laws.
Go on blaming the victim of this 'accident' that was just waiting to happen. Even IF John was encouraging the race NICK was the driver of the car. He was underage. He had a long history of not obeying traffic laws. His parents continued to allow him access to high powered cars. They are therefore ultimately responsible for the accident and will be held financially responsible. My question is....does the divorce have anything to do with hiding assets? Funny that Mrs. Hogan claims she is broke and has no funds to pay a lawyer...wonder if it is all a set up to prevent loosing all their assets?
Report Inappropriate Comments
Posted by ( ariana ) on March 24, 2008 at 6:17 p.m. ( Suggest removal )
The stupid Bollea kid was a minor when he was GIVEN A CAR THAT HE SHOULD NEVER HAVE BEEN ALLOWED TO DRIVE TO BEGIN WITH by his STUPID PARENTS so now THEY HAVE TO PAY for their stupidity. The VA has a right to place a lien on any money John is awarded and be paid back out of the settlement. His attorneys will include all of his medical costs, past and future in their demand because they expect the VA to do this. It's a shame that it took this tragedy to get Nick Bollea off our streets. Will he learn a lesson from this, probably not since he hasn't been taught anything by his parents his whole life, why start now?
Report Inappropriate Comments
Posted by ( FyreFox ) on March 24, 2008 at 6:39 p.m. ( Suggest removal )
ariana - have you ever driven at night? Cars race ALL the time on empty roads with passengers. Whether it's a macked out supra or a wanna be macked out hand-me-down civic with a loud muffler. It happens everywhere regardless of income, social status, and whoever your parents are. Are those passengers who get in the passenger seat of these cars any different than John? Racing and speed accidents happen all the time, get plenty of publicity and yet these people still WILLINGLY CHOOSE to take part in them. Why? To tempt fate with the thrill of speed? To show off? To look "cool"? There are plenty of reasons to name but it doesn't change the fact that tempting fate can possibly come back and kick you in the @$$ and when it does it seems that everyone else is to blame except for yourself and your poor decision to be involved in the activities. These passengers have probably been drivers at one point yet avoided a serious accident. Does that make them innocent because they didn't cause harm with that one race? No. There are no completely innocent victims here.
Report Inappropriate Comments
Posted by ( ariana ) on March 24, 2008 at 6:58 p.m. ( Suggest removal )
I just read the papers filed in court... very shocking (saw them on TMZ.com). Nick has had at least 5 speeding tickets in 2007, several of them for speeding in excess of 100mph. He was stopped 3 times in one day on Alligator Alley for speeding over 100mph and his father was in the car with him - and people don't think his father is responsible for this???? His stupid mother is quoted publicly that she thought it was fun for him to drive fast, a thrill to dodge the cops - and people don't think his mother is responsible for this???? His father bought beer that afternoon which his underage son drank - gee Terry that's not very responsible - and then the Father of the Year gave the keys to HIS dangerous vehicle to his drunk son and the keys to HIS other dangerous vehicle to his son's friend. Yes, the parents are responsible for this tragedy. So is Nick and his friend.
Report Inappropriate Comments
Posted by ( barney ) on March 24, 2008 at 7:03 p.m. ( Suggest removal )
DennyPCrane - It is my understanding that the driver is only responsible for minors wearing their seatbelts. Adults are on their own. In fact, if a vehicle is stopped and an adult passenger is not wearing a seatbelt, the passenger gets the ticket, not the driver.
Report Inappropriate Comments
Posted by ( mr_hanky ) on March 24, 2008 at 7:39 p.m. ( Suggest removal )
Is it a surprise that the Bolleas filed for divorce after the accident drew lots of negative publicity? Could it be that they're trying to tie up their financials in family court so that this young man and his family don't see a dime? What a freak show they are. I guess the days of caring for your fellow man and owning up to your responsibilities are nothing more than a quaint memory. Why bother doing the right thing? It's always somebody else's fault. I hope the parents who read this article will use it as an example of what not to do, and will try to do much better by their own children. Please start teaching kids about responsiblity as soon as they are able to understand the lesson. This whole "Not me!" attitude that is so pervasive has got to stop.
Report Inappropriate Comments
Posted by ( FyreFox ) on March 24, 2008 at 8:21 p.m. ( Suggest removal )
barney - Thank you for clearing that seat belt liability law up.
Apparently someone needs to verify the accuracy of their own comments *cough*DennyPCrane*cough* before they attack someone else's opinion and call them a fool.
Report Inappropriate Comments
Posted by ( barney ) on March 24, 2008 at 8:34 p.m. ( Suggest removal )
Denny, how funny. You called another poster a "fool" for failing "to learn your Florida statutes before commenting." So I did the "research" for you. This is straight from myflorida.com: Florida's current safety belt law requires all front seat occupants to be restrained, even if the vehicle is equipped with an air bag. The driver is held responsible for passengers under 18 years of age who are not buckled up.
Report Inappropriate Comments
Posted by ( barney ) on March 24, 2008 at 9:09 p.m. ( Suggest removal )
ariana - well said. The only thing I would add is that in the hands of someone as irresponsible as Nick, ANY car would be dangerous. And I agree, the parents are as much to blame, if not more so, for the actions of their son. They not only permitted him to be irresponsible... they encouraged it.
Report Inappropriate Comments
Posted by ( tmpas53 ) on March 24, 2008 at 9:21 p.m. ( Suggest removal )
From my previous post, when I said the KID deserves to go to Prison, I was referring to Nick. This question goes out to <ashemgra>. You made a good point. Nick is underage. John may have been encouraging the race. Now, answer me this. If John had went with this underage person and encouraged him to drink and take pills, and Nick OD'd, couldn't John(the adult) be held responsible? From what I know, the answer is yes. So, when this ADULT(John) was in the car, encouraging a race, he was in the WRONG. He is not innocent. It's sad and unfair that he got injured the way he did. But had he not gotten injured, and they hurt someone else, he would have been just as WRONG as Nick for even being in that car and encouraging it. Nick should go to prison, but I feel his parents should be left out. He had an adult right there in the car with him. That same adult that fought in Iraq, knew what chances he was taking. He knew what consequences he was facing. Nicks parents had nothing to do with this.
Report Inappropriate Comments
Posted by ( sahmof3 ) on March 24, 2008 at 9:23 p.m. ( Suggest removal )
Actually the law is anyone over 16 is responsible for putting on their own seat belt, and if you get pulled over each person will get their own ticket. Nothing condones Nick's behavior but him and John knew each other for a long time, John knew what he was getting into, and he could have chose to not get into that car or to put his seat belt on, he had just gotten back from Iraq and just wanted to have a good time and it backfired, Nick should be punished and they should pay medical bills, but the Bolleas should not be condemned for their sons actions and I bet if John could speak he would say he voluntarily got into that car he knew what he was doing.
Report Inappropriate Comments
Posted by ( specialtimes ) on March 24, 2008 at 9:51 p.m. ( Suggest removal )
1st-- The Hogan parents are at fault for giving him a car like that. 2nd-- Nick is at fault for racing on rain slick roads. He should of known better than to race with a 600 HP car in conditions like that. 3rd-- John knew he was going to race and should of told him not to because of the conditions of the road. 4th-- John is at fault for NOT wearing his seat belt and knowing they were going to race. I seen the pictures and the passenger side had less damage than the driver side. We will never know what would of happened if he did wear the belt. I think they were 50/50 at fault, Hogans and John. Just to bad John is only one suffering.
Report Inappropriate Comments
Posted by ( nikita0229 ) on March 24, 2008 at 10:36 p.m. ( Suggest removal )
Too much high emotion here. Look at the law. The Bollea's are responsible for Nick's behavior until he is an adult regardless of whether they were exemplary parents (of course they were NOT) but that doesn't matter. They gave him access to this vehicle and insured it, so they are responsible in a court of law. As in all auto collisions, the driver of the vehicle is responsible for the injuries to the passenger if the driver is found to be driving recklessly, whether intentionally or under the influence of alcohol/drugs. I don't believe it matters whether the passenger has the seatbelt on or not. I don't believe the law considers that the passenger knew the driver might do something against the law. Look at the LAW people. Whether our emotions want to look at the reality or not: The Bollea's are responsible for Nick. Nick injured his passenger because he was driving recklessly. Nick is guilty of reckless driving causing great bodily harm. His parent's through him are also guilty. His parents have a LOT of money...therefore his parents will PAY for the negligence. Isn't America great????? This is the legal system we have. Get over the emotional aspect of it....
Report Inappropriate Comments
Posted by ( tmpas53 ) on March 24, 2008 at 10:40 p.m. ( Suggest removal )
That argument would go no where. A parent is responsible for giving their kid a fast car?
If Nick was 18 and went to a car lot and bought this car cash without mommy and daddy's help, would that make the car salesman and car lot responsible?
Nick and John are responsible 50/50. This had nothing to do with the parents.
Report Inappropriate Comments
Posted by ( nikita0229 ) on March 24, 2008 at 10:49 p.m. ( Suggest removal )
If Nick was 18 and he had purchased this car on his own....NO. the dealer would not be responsible. He would have been an adult making a business transaction, not a child that the parents are responsible for. Watch the trial...it is the LAW that will prevail. I didn't say it was right, just the LAW>
Report Inappropriate Comments
Posted by ( junit84 ) on March 24, 2008 at 11:25 p.m. ( Suggest removal )
This is TMP. I had to make a new user name. Nikita I understand the law aspect, but to me it doesn't make sense. I am not a parent of a bad kid either. I am not a parent at all. I am 23 years old and my parents were good. I have no arrest record. I was not raised in a rich family. I just saw life. I hate when people blame parents for children's actions, once they can make their own decisions. For example, when I was 14 or so, I was allowed to watch Rated R movies. When I was 16 I worked for a movie theatre and watched them all the time. Today, when a kid who listens to rap music or watches rated R movies kills someone, it's the parents fault? Well I listened to the same music. Watched the same movies and I didn't go shooting up my school. I think some kids are helpless regarding who their parents are or what their parents try to do for help. A 17 year old can be tried as an adult for murder without putting blame or law on the parents. In that same way, I think a 17 year old can be solely responsible for such a crime that Nick committed here. The parents should feel a moral obligation to help John's family. But I don't think they should be legally tied to Nick's actions. He made this decision that night. He should serve his time.
Report Inappropriate Comments
Posted by ( sensiblysane ) on March 24, 2008 at 11:31 p.m. ( Suggest removal )
The VA pays for John's care as long as he uses VA services. He should be getting wartime vet benefits. One hundred percent disability payments plus free medical care for life. You don't have to be in a war zone to receive these benefits. He doesn't even have to have been injured doing anything associated with his service. And that is how it should be. I believe we should all support our vets. Millions of veterans get the same care and cost the 'taxpayers' the same amount as John. We do it every day. If you have never served in the military, most have no idea how important this benefit is in order to keep YOU safe. If you don't want to volunteer to give a part of, or all of your life to protect others, then don't join up. I did. I'll gladly pay taxes to support John and others like him for the rest of their lives.
Report Inappropriate Comments
Posted by ( FyreFox ) on March 24, 2008 at 11:49 p.m. ( Suggest removal )
No one here is arguing that Nick wasn't responsible, he was. However, John wasn't a completely innocent party. He was an adult and he knew better. He especially knew to wear his seat belt. I guess my biggest issue is the Bollea's paying for John's own negligence for his own safety. My thoughts on this would be the same if this story had different unknown characters. I'm not a fan of the Bollea's, I could really care less about them, I just have a big problem when people point the finger at one person when something goes wrong and someone gets hurt. If John hadn't been hurt and/or they injured some real innocent person would John have been charged with contributing to the delinquency of a minor? But then, we could always ask about what could have been or what would have been but that won't change what actually happened. Extremely poor decisions were made by ALL parties involved but to make one person pay for someone else's poor decision (no seatbelt) isn't right. For those who say Nick shouldn't have driven unless John was buckled, as the adult, why didn't John do anything to stop the race? Instead of saying "hey man, it's not worth it" they all jumped in their cars and went on their way for thrills. John's promotion is no different than Nick's parents' promotion.
If some of you think I'm some heartless person then so be it. Everyone needs to be held accountable for their OWN actions and OWN decisions.
Report Inappropriate Comments
Posted by ( LovestoSingAiC ) on March 24, 2008 at 11:54 p.m. ( Suggest removal )
Hand Nick a slippery bar of soap and throw him in jail. Wait-he'd ENJOY it too much! Anyways, Hulk should pay the bill, not the VA. He should've known better than to give that irresponsible brat of his a race car! As for Graziano, he should have buckled up.
Report Inappropriate Comments
Posted by ( Seawolf ) on March 25, 2008 at 2:57 a.m. ( Suggest removal )
Some of you folks act like this is something new around here. Rich kids with no responsibility, endless amounts of money, and way too much time on thier hands = Exactly what happened to these two.
I feel just as bad about this John kid as the next guy, but if it wasn't Hogan's kid it wouldn't even make the papers.
People die everyday on these roads because half of them shouldn't be behind the wheel. Kind of like the lady I saw today talking on her cell phone, looking through a notebook, and driving with her KNEES! but hey, that's pretty normal around here.
Report Inappropriate Comments
Posted by ( zteam55 ) on March 25, 2008 at 7:03 a.m. ( Suggest removal )
A tragedy that will be played out in front of cameras and in the media. I'm sure the local news hounds and news junkies are salivating already. No real news here. Kid makes big mistake and breaks the law. Parents pay for kids big mistake. Happens more often than you think.
Report Inappropriate Comments
Posted by ( thirdeye ) on March 25, 2008 at 9:31 a.m. ( Suggest removal )
Thanks sensiblysane. Just what I was trying say above...John DESERVES to be covered by the VA since he is STILL in the Marines! Whether the govt. goes after the Bolleas to recoup or not remains to be seen.
Report Inappropriate Comments
Posted by ( lberry ) on March 25, 2008 at 9:40 a.m. ( Suggest removal )
First,do we really know that John did not take that belt off to bail because Nick kept loosing control of that car?? No, we don't ..only Nick knows and he will never tell. Also if your loved one was standing next to that palm tree and got hit with the flying supra...would they be guilty because they should not have been standing there and should have known better? We are just lucky no one else was hurt in the horrific WRECK! Pray for John...Nick see you behind bars...
Report Inappropriate Comments
Posted by ( ron ) on March 25, 2008 at 9:52 a.m. ( Suggest removal )
DennyPCrane wrote>
FyreFox before you make a fool of yourself again, the driver of a vehicle is responsible to not move the vehicle until all passengers are buckled up. You need to learn your Florida statutes before commenting.
Response>
That is not what is says. It states that it is unlawful for a driver to have unbuckled passengers under the age of 18 in the car(316.614.4a). If the passenger is 18 or older, than the responsibilty is that adult (316.614.5).
It is not the driver's responsibilty to make sure all adults are buckled up, it is the adults responsibilty. This sitaution has enough irresponsibilty to go around. It is not that one party was all wrong and the other party is all right. There were mistakes done of each party. The courts will need to decide what each parties responsibilty will be for the actions that occured.
Report Inappropriate Comments
Posted by ( Melody07 ) on March 25, 2008 at 10:12 a.m. ( Suggest removal )
I just hope and pray that there is at least one driver out there who has learned something from this tragedy. I hope they have changed their driving ways forever.
Report Inappropriate Comments
Posted by ( cadillacman ) on March 25, 2008 at 10:58 a.m. ( Suggest removal )
OZZIE OSBOURN FAMILY OF CLEARWATER
Report Inappropriate Comments
Posted by ( ariana ) on March 25, 2008 at 11:40 a.m. ( Suggest removal )
To TMP/Junit84 - Someday you may be a parent and hopefully a responsible parent. Then as a parent your teenager is old enough to drive. Then your insurance rates go sky high because your teenager is driving and now has a car. These insurance costs are tough on an average family, not to the Bollea's. Hopefully you will have raised a responsible teenager who will not drive like Nick Bollea. Not only are you responsible for your child's actions while driving until they are an adult, in the State of Florida you are responsible for their driving actions as long as they (or anyone else) is living in your house with you no matter what age. Be aware - if you have an irresponsible person (even over the age of 18 with their own insurance policy) living with you who drives recklessly, your insurance policy will also be held responsible for their actions. It may not be fair but it is the Florida law.
Report Inappropriate Comments
Posted by ( DarthRandall ) on March 25, 2008 at 12:19 p.m. ( Suggest removal )
Melody07 - I know I learned my lesson - never get in a car with Nick Bollea................
Report Inappropriate Comments
Posted by ( beringsea56 ) on March 25, 2008 at 1:15 p.m.
(This comment was removed by the site staff.)
Posted by ( jessicanay ) on March 25, 2008 at 1:59 p.m. ( Suggest removal )
To some dude about who said millions was too much, I disagree. You aren't just paying for the millions is medical expenses. The loss of income that can never be generated from this guy as he is a vegetable, the loss of his right to enjoyment of life, payment to the parent that will spend the rest of her life taking care of him, as well as punishment. You seriously don't place a value on all of these things?
Report Inappropriate Comments
Posted by ( pokry5 ) on March 25, 2008 at 2:12 p.m. ( Suggest removal )
lmao @ hindsight is 20/20. Yes, I'm sure John would have done something differently had he known the outcome, but I wonder if all I had ever had to say to a cop when getting a ticket was "well you know hindsight is 20/20. Had I known you were sitting there I wouldn't have sped." Point is, John is as much at fault as the driver. Yes, unfortunate someone got hurt, but he knew Nick's driving "habits" as well as anyone else.
Report Inappropriate Comments
Posted by ( thirdeye ) on March 25, 2008 at 4:10 p.m. ( Suggest removal )
pokry5, what? I supposed Princess Diana is just as much at fault as the driver of her car too! WHATEVER! I can guaranty that if John had control over the car it wouldn't have crashed into a tree. And yes I am a poet and know it!
Report Inappropriate Comments
Posted by ( Aquaholic ) on March 25, 2008 at 4:37 p.m. ( Suggest removal )
He proved to be an irresponsible kid by getting the numerous tickets for speeding, but his father still allowed him to drive the dangerously fast car. If Hulk would have taken this car away after all the speeding tickets would John be okay? I know John made the decision not to wear the seatbelt, but Hulk made the decision to allow his son to have a race car, as a 16 year old, pretty stupid on Hulk's part, very irresponsible. So the apple doesn't fall far from the tree! And I'm a Bollea fan, but I'm honest!
Report Inappropriate Comments
Posted by ( Heresyoursignstupid ) on March 25, 2008 at 4:55 p.m. ( Suggest removal )
To all non believers of the law.
(Read the bottom line)
State of Florida Seat Belt Law.
In a car crash. you are much more likely to be killed if you are not wearing a seat belt. That is why Florida has seat belt laws. The law states that the front seat passengers must wear seat belts. This law applies to any car manufactured since 1968. in addition, all passengers under 18 years old must wear a seat belt or be otherwise restrained by a child car seat. (IT IS AGAINST THE LAW TO OPERATE A VEHICLE IF ALL PASSENGERS DO NOT MEET THESE STANDARDS)
Here's your signs!!!!!
Report Inappropriate Comments
Posted by ( Skip ) on March 25, 2008 at 5:03 p.m. ( Suggest removal )
Teach your children that every action has consequences or eventually someone else or the law will.
Report Inappropriate Comments
Posted by ( Neon18 ) on March 25, 2008 at 8:30 p.m. ( Suggest removal )
The racing industry in Florida needs to pay attention to this story. We are teaching children to race cars by NASCAR country values without regard other citizens. My precious 18 year old daughter was killed by Marco Andretti's best friend, racing on then Beachline with another young man, also 18. My daughter was an honor student on her way to UF in Gainesville with Bright Futures.SHe never made it to her High School graduation! The young man driving the INDY Inspired Honda Civic aspired to be on the Andretti green Team, Mario ANdretti gave the young man driving the college recommendation! This "Ill bet you twenty I'll get there first" is rappant among our teens in Florida the racecar capital of the world. Keep this story gpoing for our children's sake. Current Events! Indy Season starts March 29th, Nascar is already up and running! Both children in our tragic accident died but the other driver got away with no fine, no ticket etc! Nothing because the officers didn't see the racing activity- 5-6 witnesses in the police report. The officers are overwhelmed at a scene like this, 2 dead teenagers, a family of four almost demolished, and 2 others seriously hurt. We have Indy, Nascar, and even School Bus races in New Smyrna Beach..The racing industry needs to step up and educate our children on the dangers of Speed and and street racing, No-Excuses! All of the dead children have no one to speak for them!Tax the industry. Why are 18n and 17 year old kids tryiong to get into the racing industry? Because it is allowed. No rules-Heavy consequences!
RIP
Emily and Will
04-02-05
Emily's Mom
Report Inappropriate Comments
Posted by ( Neon18 ) on March 26, 2008 at 4:48 p.m. ( Suggest removal )
After reading about "Nick's" family and their total disregard for others, their bad and irresponsible parenting is going to catch up with them. No excuses, and we are praying for the victim amd his family as we are coming up on our daughter's 3rd anniversary of leaving this world.
Our daughter just turned 18 and the young man who killed her driving was 18 for about 10 days...18 is hardly an adult, but that is the cut off for the law. I hope that this victim's family
will take every possible legal procedure and get every dime of Nick Hogan's potential income and also some reasonable amount of Nick's parent's fortune. This case should be an example to the racing loving Nascar and Indy world that our laws protect us and that any one of them could be next!
The community needs to get behind this case and make sure that is prosecuted to the full extent of the law; then we need to make some new laws to protect our citizens from the crazy lunacy of the racing world. St. Petersburgh Grand Prix comes to town at the expence of everyone else and then another crazy racing fanantic is born. If anyone thinks that the racing industry cares about our citizens in Central Florida-THEY DON'T. Our legislative body needs to step up and prosecute these crimes. We are free in AMericas to do what we want and we are free to asociate with whom we choose, but with Much Freedom, comes Much responsibility...Crush all of the cars in the Hogans driveway and invite his parents to watch, along with family and friends. Maybe they can have a tailgait party while everyone in Tampa watches!
God Bless the Victim's Family and for goodness sake, don't make the victim and his family the scape goat for this crime. Racing Families also need a lesson in the rights of others. Maybe the ANdretti's will be watching!
Report Inappropriate Comments
Posted by ( thirdeye ) on March 26, 2008 at 9:40 p.m. ( Suggest removal )
Neon18 so sorry for your loss. That's exactly what a lot of these people and especially the Hogan's are trying to do...make this John's fault for not wearing a seatbelt. I have been told he always wore one so maybe as stated above by lberry he took it off to bail out, but never got the chance. Who knows, but we do know the facts are: Nick was speeding, Nick was racing, Nick was drinking, Nick had a record of not obeying the law, Nick was a lousy driver, Nick thought he was above the law, etc.! By blaming his "friend" John for his own injuries we know he has NO remorse nor is he accepting responsiblility for this horrendous act. A not so minor detail...John was SOBER! His judgment was not clouded so it seems to point towards the fact he was trying to get before it was too late, but....
Report Inappropriate Comments