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the case of Nell Klein

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  • Jurydoctor@aol.com
    Looking forward to your comments and thoughts on this interesting case. thanks, Amy ... They left their home in Tampa destined for the ... Web states he did
    Message 1 of 2 , Aug 4, 2003
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      Looking forward to your comments and thoughts on this interesting case.
      thanks,
      Amy
      >
      >
      > On December 16, 2000, Edward, his wife Dee, and their three your old
      > daughter Nell went for a ride.

      They left their home in Tampa destined for the
      > home of her sister in Bradenton. Ed was driving the family’s 1990 Toyota .
      > 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.
      >

      Web states he did not hit his brakes. Rather, he let off
      > the gas pedal, and looked in his left and right mirrors. After a few
      > 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.

      The collision that ensued was more of an explosion. The
      > truck slammed into the rear of the Toyota pushing the rear bumper and trunk
      > 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.

      Ed was found sitting directly and properly in his driver’s
      > seat. The car and its roof had been either crushed in towards him or
      > 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.


      Dee had been crushed such that the back of her seat
      > broke into the back seat. She was pressed into the broken seat; lower half
      > 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
      > months.

      When he “awoke” he was a man trapped inside of a very
      > injured body. He is 100% incapacitated. He cannot walk. He cannot speak. He
      > 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.


      His 58 year old mother and his younger brother were left
      > to care for his every need, and also his young child. For, in fact, Dee
      > was dead on arrival to the hospital.


      And although Ed did not go to a funeral or visit a grave,
      > 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 small
      > 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.


      Can you guess why?

      >
      >
      >
      > 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.

      Defendant's will show evidenced that Ed himself is to blame for stopping >
      > 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.
      >
      >
      >
      > 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.

      They also hired a PhD statistician He opines that Ed’s life
      > has been so compromised by this accident that he will only live 15 or at
      > 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).

      What are your thoughts?

      Thanks,
      Amy


      [Non-text portions of this message have been removed]
    • brettnbold@aol.com
      Amy, if Ed s sister is Neil s uncle. If feel sorry for the whole family! Brett Nell lost her mother, and her father is dependent. she lives with her Uncle
      Message 2 of 2 , Aug 8, 2003
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        Amy,
        if Ed's sister is Neil's uncle. If feel sorry for the whole family!
        Brett


        Nell lost her mother, and her father is dependent. she lives with her Uncle
        (Ed's sister)


        [Non-text portions of this message have been removed]
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