Teenage Rough Housing Renders 17 Year Old a Quadriplegic in Boca Raton, Florida
Today’s active lifestyle, especially that of a teenager, dictates that we must be able to move freely and there is nothing more tragic than losing control over your body. But that is exactly what a person who is rendered a quadriplegic faces – loss of all motor skills, sensation, tasks such as eating and breathing become impossible - simple tasks that most of us take for granted are often lost beyond any hope of recovery. When the spinal cord is severed in the neck above the shoulders, there is little chance of recovering a normal life.
Our victim in this Florida premises liability case was 17 years old at the time of this horrifying accident in which he was rendered a quadriplegic. The victim and several of his friends were at a party at the home of one of their classmates. At that party, which commenced around 9:00 p.m., the under-aged party goers had consumed alcoholic beverages that had been sold to a number of the teenaged boys present by several different business establishments. While under the influence of alcohol and being intoxicated, several of the young men, including the victim, began to rough house on a portion of the lawn near the driveway of this residence. The victim was thrown to the ground on a grassy berm and various boys piled on top of him. As they piled on him, the victim was at the bottom of the pile and in the process of the other boys piling on top of him and rolling around, the victim was caused to have a C-6 burst fracture to his neck which cut into his spinal cord and caused him subsequent quadriplegia.
One of the boys testified that everyone started piling on with the victim on the bottom of the pile and that sometime during the “pile up”, the victim started yelling and everyone started getting off. He stated that everyone thought the victim was joking at first, but when they all got off of him he was just lying there crying and yelling that he couldn’t move.
The paramedics were called and he was taken to Delray Community Hospital, where he was immediately transferred to the trauma unit. Upon examination by an orthopedic spine surgeon, he found the lower extremities demonstrated complete paralysis of the muscles with no voluntary movement. The light touch sensation was absent below the nipple line. He was also absent hand grip and intrinsic function. He was immediately placed on a Rota-Rest bed and placed into cranial cervical traction. The surgeon performed surgery for spinal stabilization within two days of the incident.
Following surgery, the victim was transferred to the spinal cord injury unit and was given a comprehensive rehabilitation evaluation. Shortly after that evaluation, he was transferred to Pinecrest Rehabilitation Hospital where he remained as a C-7 level complete quadriplegic. He was placed on a comprehensive rehabilitation program for spinal cord injury that included physical therapy, occupational therapy, rehabilitation nursing, case management and rehabilitation psychology. He was also placed on a bladder and bowel program and received treatment for numerous urinary tract infections.
When this accident occurred, our victim was about to enter his senior year of high school and was looking forward to graduating that year. He was a member of the golf team at his high school and he worked in a pro shop at a local country club. His aspirations were to continue playing golf and to go to college.
This victim has to lay in bed at night and his parents alternately take turns staying up all night to turn him every two hours to avoid bed sores. He has had continued problems with urinary tract infections and spiking fevers. He cannot control his abdominal musculature so he keeps leaning forward in his chair and has to literally try and push himself back with his arms. Although he has taken driving lessons and has been able to learn to drive a specially equipped van, he still remains imprisoned in his body with the prospect of never having a real social or full employment life. He was in the prime of his life when this accident occurred. The remainder of his life will be spent in therapy and rehabilitation.
The medical bills to date total more than $200,000.00 and of course, he will have mounting medical bills for the remainder of his life for the surgeries, physical therapy, occupational therapy, continued medical care and simple daily living expenses.
The parents of this young victim contacted Attorney Richard D. Schuler for assistance in this matter. Mr. Schuler filed suit against not only the homeowner’s coverage for the property where the incident occurred, but also the homeowner’s coverage for the parents of each of the boys involved in the pile up. Also, Mr. Schuler sued the various business establishments that sold the alcohol to the teenagers under the Dram Shop Act for willfully and unlawfully furnishing alcoholic beverages to minors and they are liable for the injury or damage caused by or resulting from the intoxication of such minors.
