the case of Nell Klein
- Looking forward to your comments and thoughts on this interesting case.
>They left their home in Tampa destined for the
> On December 16, 2000, Edward, his wife Dee, and their three your old
> daughter Nell went for a ride.
> home of her sister in Bradenton. Ed was driving the family’s 1990 Toyota .Web states he did not hit his brakes. Rather, he let off
> It was a bright, fall, Saturday afternoon. They chose I-75 South as their
> route of travel.
> Earlier that day, Webster left his trailer in Sanford Florida. He was
> driving a seven ton refrigerated box truck. His passenger was Marsha, his live in
> girlfriend. They were destined for Key West to drop off that truck and bring
> another similar truck back to the Defendant Auction Company. They chose I-75
> South as their route of travel.
> As Web (Webster) approached the interchange in South Miami, he commented
> to his passenger that the upcoming area was called the “spaghetti bowl”
> because it was a congested area where four major highways intersect. The truck
> had a governor preventing the speed from exceeding a particular amount. So the
> gas pedal held his speed at 59 MPH.
> About ¾ of the way through the exchange, Ed’s vehicle came to a safe stop
> behind another vehicle also stopped. That other vehicle driver, John has stated
> that he in turn stopped for traffic in front of him. (this is disputed)
> Web states that he saw the two stopped cars in the middle lane. He states
> that he saw them when he was 150 – 225 feet away. He states they were both
> stopped completely with a length or two between them. He saw their brake lights.
> the gas pedal, and looked in his left and right mirrors. After a fewThe collision that ensued was more of an explosion. The
> seconds that took, he slammed on his brakes.
> The FHP investigator measured the skid marks. When the steel front bumper of
> the seven ton refrigerated box truck was 20 feet behind the Toyota holding
> Nell's family, Web hit his brakes.
> truck slammed into the rear of the Toyota pushing the rear bumper and trunkEd was found sitting directly and properly in his driver’s
> 107 inches into the car. It then rode up on top of the car, both shearing
> off and crushing the roof of the small family car. It simultaneously pushed the
> Toyota into the rear of John's car knocking him across two lanes an off the
> road more that a hundred feet away.
> seat. The car and its roof had been either crushed in towards him orDee had been crushed such that the back of her seat
> ripped/exploded off. He was not ejected and was not on the dash or through the
> windshield. He was seated straight and directly into his seat.
> broke into the back seat. She was pressed into the broken seat; lower halfWhen he “awoke” he was a man trapped inside of a very
> in the front, and top half in the back. Nell had been thrown under the back
> of Dee’s seat onto the floor board. The front seat and her mother made a
> protective bridge over her young body. She was completely unharmed.
> Dee was believed dead, her body crushed by the truck. Ed was unconscious and
> unresponsive. Both were air-lifted to the Trauma center. Ed had no broken
> bones. He had some minor abrasions on his arm. There was a small superficial
> cut, about one centimeter long on his forehead. But the right side of his
> head, towards the read showed major swelling and fluid both inside and outside of
> the skull. The skull itself was not fractured. Scans showed a major shearing
> type injury to his brain. Blood filled the spaces where normal brain fluid
> is to drain. The pressures inside his brain rose to astronomical and critical
> levels. An emergency procedure was done to drill into his skull and place a
> drain into his brain. This was to relieve pressure. He remained in a coma for
> injured body. He is 100% incapacitated. He cannot walk. He cannot speak. HeHis 58 year old mother and his younger brother were left
> cannot sit up by himself. He cannot eat or drink by mouth. A feeding tube
> had been surgically placed through his abdomen into his digestive track. He
> wore a diaper as he could not hold his bladder or bowels. He could see, and for
> the most part he understands.
> to care for his every need, and also his young child. For, in fact, DeeAnd although Ed did not go to a funeral or visit a grave,
> was dead on arrival to the hospital.
> he knows that his wife is dead.He now lives in a hospital bead in his mother’s small
> apartment. After 2 ½ years of itherapy, Ed has been taught to take a smallCan you guess why?
> sip of milk from his daughter's sippy cup.
> A board certified physiatrist and rehabilitation doctor has treated and
> evaluated Ed. Dr. L is a medical doctor and the director of a 200 bed re
> habilitation hospital for brain and spinal cord injured people. He has put together a
> plan for Ed’s medical and therapeutic needs during the remainder of Edwin’s
> difficult and compromised life. The cost in today’s dollars to care for Ed is
> over 27 million dollars. That is just the cost of medical and therapy care.
> It is not an amount for his pain or suffering or frustration that he faces.
> The court has ruled that the Defendant Auction Co is liable for the
> negligence, if any, of Web.
>Defendant's will show evidenced that Ed himself is to blame for stopping >
> The Defendants argue that Web could not avoid the accident. They will show
> evidence that John had no reason and no right to stop in the middle of I-75.
> behind John and for not wearing his seatbelt.They blame the DOT for making the intersection
> confusing and Toyota for building an un-crashworthy care.They also hired a PhD statistician He opines that Ed’s life
> The Defendants hired a PhD psychologist in Tampa, Dr. S. He built his own
> plan for Ed’s medical and therapeutic needs during the remainder of Ed’s
> difficult and compromised life.
> has been so compromised by this accident that he will only live 15 or atWhat are your thoughts?
> most 25 more years, not the 54 expected in the normal population of 31 year
> olds. According to their calculations, the cost in today’s dollars to care for
> Ed is about 7 – 12 million dollars.
> Nell lost her mother, and her father is dependent. she lives with her Uncle
> (Ed's sister).
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if Ed's sister is Neil's uncle. If feel sorry for the whole family!
Nell lost her mother, and her father is dependent. she lives with her Uncle
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