$25 million settlement for NJ girl paralyzed by drunk football fan
As a personal injury trial lawyer in Georgia, I have often told clients that they do not want what goes with the kind of case that makes headlines. It is better to have good health than a multi-million dollar injury case.
A recent New Jersey case is a good illustration of that.
In 1999, an Aramark concession employee at Giants Stadium broke stadium rules by continuing to sell beer to a fan who had been drinking much of the day and was slurring his words. The drunk fan drove away and crashed into a family vehicle, rendering a two year old girl a quadriplegic. The girl, now 11, is still paralyzed and dependent on a ventilator to breathe.
Three years ago, a jury awarded damages of $105 million. An appeals court reversed that judgment and ordered a new trial, saying the lower court improperly allowed testimony about the "culture of intoxication" at the stadium. Now the case has been settled, with $23.5 million for the girl and $1.5 million for her mother, who was also injured. There is no further appeal from a settlement.
Having been represented young quadriplegics with well-designed life care plans, I know what is involved and how expensive proper lifetime care for a quadriplegic is.
Since receiving payment on the settlement, the family began building a handicapped-accessible home equipped with technology to provide the girl as good a life as she can have as a quadriplegic. The house should be ready by the holidays.
This young girl can only move her head, but with state of the art technology she will be able to control her wheelchair, elevator, TV and computer with her voice. She will also be able to have round-the-clock nursing care, which is necessary in case her ventilator becomes clogged creating a life-or-death situation.
No amount of money can fully compensate a young girl for the loss of the ability to run and play, to hold hands, to enjoy all the blessing of life that the rest of us take for granted. But the money can allow her dignity, humanity, and the best life that is accessible to her.
And maybe, just maybe, this case will make an impression on businesses that serve alcohol around the country, and in that way prevent other tragedies over the years.
Ken Shigley is a Georgia trial lawyer focused on cases of catastrophic personal injury and wrongful death. He has been rated as one of the "Legal Elite" (Georgia Trend Magazine) and a "Super Lawyer" (Atlanta Magazine). He has represented numerous survivors of spinal cord and brain injuries. A Certified Civil Trial Advocate of the National Board of Trial Advocacy, he served a decade on the faculty of the Emory University Law School Trial Techniques Program. Mr. Shigley is currently Secretary of the 40,000 member State Bar of Georgia.
How often do you find the victim being blamed for their injuries in the cases you work?
As an avid cyclist who has had friends severely injured by drunk/distracted drivers, this is cultural problem I fight all too often.
You know, just a personal observation here, but isn't this appropriate to being your brother's keeper? That is part of the reason why bars have bouncers and some have designated drivers.
However, in this case it still goes back to the individual who made the decision.
Long years ago, at a party, a very nervous host practically dragged me to his kitchen and told me about one of the guests who was drinking tequila shots...she was on two anti-depressant meds, and underage by one year.
Not only that, several other people were ready to pass out on his living room carpet.
He was the host, it was his house, but he was asking me to tell these people to leave. In the case of the underage drinker, I did intervene. The others...they got into the two cars with the sober drivers and everyone made it back to their houses safely.
While I got criticized for intervening in the case of the young lady, her mother was very grateful I did. The others were legal, but not happy about being taken back to their homes simply because it was inconvenient for them to be seen by their families in that state.
Tough noogies. Better them suffer a little humiliation than to be a risk to others.
