Hulk may face civil liabilities

Terry Bollea could be held liable on many points in lawsuits from his son's crash.

By TAMARA EL-KHOURY, Times Staff Writer
Published December 22, 2007

Nick Bollea was at the wheel when his Toyota Supra crashed into a tree, critically injuring a close friend.

But legal experts say Bollea's famous father should expect to face at least some liability in a civil case over the accident.

The reason?

You might think it could have something to do with the beer Terry Bollea, also known as pro wrestler Hulk Hogan, bought for his son's friends, all over 21, the day of the accident.

And if attorneys for the family of John Graziano have their way, that purchase will probably play a role in a civil lawsuit.

But there's something even more basic.

The main factor that puts the elder Bollea on the hook, experts say, is the fact he is registered as the Supra's primary user.

Tampa attorney John Goldsmith, who is not affiliated with this case, said Bollea is liable under a part of the law known as the "dangerous instrument liability doctrine."

"If you own something that is a dangerous instrument, like a car, and you allow somebody to use that car, then you are liable for the negligence of the driver," Goldsmith said.

Nick Bollea, 17, has been charged with a felony count of reckless driving with serious bodily injury in connection with the Aug. 26 crash. Police said he was racing the Supra just before he wrecked.

His passenger, Graziano, 22, broke his skull in the crash. Graziano's mother, Debra, recently said he is semiconscious and able to make facial expressions and sounds, but still cannot breathe on his own. A doctor has predicted he will likely spend the rest of his life in a nursing home, according to court records.

In addition to the criminal charge to which Nick Bollea has pleaded not guilty, attorneys for the Graziano family have said they expect to file a lawsuit over the accident in civil court.

Other legal exposure

Along with being registered as the Supra's primary user, there are two additional ways Terry Bollea could be held responsible civilly for his son's crash, said Lee Coppock, a professor of trial advocacy and advanced civil trial skills at Stetson University College of Law.

One is if he served alcohol to a minor or allowed it to be served, he could be liable, Coppock said.

Alcohol was found in Nick Bollea's blood two hours after the accident. The level was about half that at which Florida law considers a driver to be impaired, but he still faces an underage alcohol charge.

Court records show Terry Bollea spent more than $70 on beer that afternoon. He bought two cases of Corona, two cases of Miller Lite and a case of Miller Chill. Bollea said in a sworn statement to the State Attorney's Office that he bought enough to stock the various refrigerators in the house for a month or two.

Terry Bollea then took his son and his friends on a boat for the day.

But no one has proved the alcohol found in Nick's system was provided by his father, Coppock said. Terry Bollea told authorities he didn't give his son any alcohol, nor did he see Nick drinking. Others on the boat that day and at Shephard's bar on Clearwater Beach said they saw Nick sipping from a cup, but could not say what was inside.

The other way Terry Bollea could be exposed in a civil suit, Coppock said, is if he signed for his son to get his driver's license.

Which he did, according to Julie Baker, a spokeswoman with the Florida Department of Highway Safety and Motor Vehicles.

The person who signs for a minor to obtain a driver's license is responsible for the minor's action, Coppock said. That person "shall be jointly and severally liable with such minor for any damages caused by such negligence or willful misconduct," according to state law.

Kimberley Kohn, an attorney representing Ed Graziano, the father of John Graziano, said she is gathering circumstantial evidence regarding the alcohol in Nick's system. But even if there is no link with Terry Bollea, the basis for a civil suit is clear, she said.

"If it plays out, it's stuff we'd want to get in a trial," Kohn said. "But ultimately, at the end of the day, Terry Bollea signed for (Nick's) license application and is equally as liable as far as the law is involved."

Seat belt defense

The Bollea family's attorneys seem to be gearing up for a civil suit. When Nick was arrested, they released a statement stressing seat belt safety. Nick was wearing a seat belt at the time of the crash, they noted.

Graziano was not.

The seat belt defense is a meaningful one, Tampa attorney John Goldsmith said, because a jury could decide Graziano was responsible for a percentage of his injuries by not wearing a seat belt.

A jury could award damages based on that percentage.

It's a major issue and one that will come up, said Bollea's attorney, Morris "Sandy" Weinberg Jr.

"Remember: John is a 22-year-old Iraq War vet," Weinberg said. "Nick is 17, and under Florida law John is responsible."

Graziano's head injury would not have occurred if he wore his seat belt, Weinberg contended, making it a major issue in a civil suit.

Kohn said she and George Tragos, the attorney representing Graziano's mother, Debra Graziano, are expecting the seat belt defense to come up in a civil suit. But Kohn said they are not worried about the potential impact that defense may have on a jury.

So how much money would likely be at stake in a civil suit? That depends on several factors, including how much it will cost to care for Graziano.

Terry and Linda Bollea, who have filed for divorce since the accident, have assets that include a nearly 17,000-square-foot mansion on Willadel Drive in Belleair and a 3,474-square-foot home on Eldorado Avenue on Clearwater Beach.

Together, the properties are assessed for tax purposes at a total of $7.953-million.

But based on comparable sales from 2005-06, the Pinellas County Property Appraiser's Office estimates that the Belleair mansion would sell for $7.247-million, and the Eldorado Avenue house would sell for $2.238-million, for a total of $9.5-million.

While their total worth isn't likely to be revealed in a civil suit unless there is a judgment, it probably will come out in the couple's divorce proceedings, Goldsmith said.

And Goldsmith said there's no sure way for Terry Bollea to shield his assets.

"There's no silver bullet," he said. "There's nothing that will be an absolute protection."

Tamara El-Khoury can be reached at [email protected] or (727) 445-4181.