Civil Liability for Negligent Parenting

Millie Anne Cavanaugh, Esq.

Hogan Knows Best? I Think Not. In an article entitled "Parental Liability for Underage Drivers", I discussed the car crash involving Hulk Hogan's son Nick and the son's friend, John Graziano. Given the limited information available at the time, I offered three hypothetical theories under which Hulk might find himself liable for the devastating injuries suffered by Graziano; signing his son's license application, owning the car, and failing to properly supervise his son. Unfortunately for Hulk, it now seems that he may be liable under all three, and then some.

Sadly, the status of Graziano has not changed in the ten months since he was injured. He is described by his attorneys as being in a semi-conscious state and is likely to remain in a nursing home for the remainder of his life. As expected, lawyers for Graziano have filed suit in Florida state court seeking compensation for his injuries. His medical expenses already top $1 million dollars.

The status of the Hogan family, on the other hand, changed dramatically last fall when Nick was indicted for felony reckless driving and a host of other lesser charges stemming from the accident. He had alcohol in his system at the time of the accident, was speeding, and had been racing his Supra against his father's Dodge Viper, driven by family friend Daniel Jacobs. Nick recently plead no contest and began serving an eight month jail sentence.

Leaked phone transcripts between Nick and his parents have eroded the public support of a family once believed to be, themselves, the unlucky victims of a tragic accident. Nick complains, "I'm going to ask them, at least, because I'm in -- I'm in maximum, I'm going to ask them to at least put me in a cell with, you know, like, maybe something with, you know, some bars where I could see some people or something."¹ The calls smack of self-pity and are especially ironic given the state of Mr. Graziano; I'm sure he would prefer a stint in solitary confinement to a life-long vegetative state.

Hulk also does himself no favors by insinuating that God had decided that this was how Graziano deserved to live out the remainder of his life. "I don't know what type of person John was or what he did to get himself in the situation. I know he was pretty aggressive and used to yell at people and used to do stuff. For some reason, man, God laid some heavy (DELETED) on that kid, man. I don't know what he was into."²

Attorneys for the Hogan family emphasize the fact that Graziano was not wearing a seatbelt at the time of the accident; a valid legal argument whose use outside of a courtroom is seen by some to be in poor taste.

Court filings and recently disclosed evidence now seem to place responsibility for the tragedy squarely on the shoulders of Hulk Hogan and, to a lesser extent, his wife Linda. The alleged behavior of the couple should serve as an example to all parents of how not to raise a child. If true, the allegations reveal a parenting style which ran the gamut from negligently failing to curb dangerous driving habits to willfully providing the ingredients in a recipe for disaster.

In addition to strict liability for signing Nick's license application, the Hogan's face liability based on the allegations that Nick had exhibited a history of reckless driving and that his parents both knew about it and even encouraged it. Graziano's lawyers offer plenty of proof.

For instance, from September 2006 through the time of the accident, Nick had been stopped five times for speeding; Hulk was in the car during at least two of the stops, both going over 100 miles per hour. Therefore, the Complaint alleges, the Hogans knew or should have known that Nick was a reckless driver. Not only did they shirk their responsibility as parents to prevent him from driving too fast, but they also shirked their responsibility as car owners by allowing him to drive their car too fast.

The document also alleges that Nick was a "drift" racer (car goes sideways, in addition to forward) with a history of racing on the street and that, therefore, the Hogans knew or should have known that he was a reckless driver. Even more damning is evidence of an interview Linda Hogan gave in the presence of her son, glorifying the sport of street racing. In the 2005 DVD video Vehicular Lunatics, Linda Hogan exclaims "Oh, I love it. I love it. The rush, the speed on the road, stereo blasting, heart-pounding, racing in between all the cars, dodging the cops. It's awesome."

Graziano's lawyers also argue that the Supra itself was dangerous and yet the Hogans allowed him to drive it. The factory horsepower had been increased, thus increasing the speed of the vehicle. Hulk, they claim, knew this or, as owner, should have known. He also should have known that this modification, coupled with his son's penchant for fast and reckless driving, was a disaster in the making.

Sadly, Hulk's failure to raise his son to respect the law and not endanger others may be the least of his sins. It would appear that Hulk may also have provided the alcohol which lead to his son's intoxication. Police records show that those involved in the crash were out with Hulk on his boat earlier in the day. Prior to setting sail, Hulk stocked up on beer at a local liquor store.

The Complaint alleges not only that Nick drank Hulk's beer, but that Hulk knew about it. He then allowed his son, under the influence of the beer he had purchased, to drive his dangerously modified sports car, cognizant of the fact that his son was a reckless race car driver with a history of driving over 100 miles per hour on public roads. As for Nick, his punishment will not end when he is released from jail. He will serve five years probation, during which time he is not allowed to drink. In addition, he will participate in 500 hours of community service and will not drive for three years. Even more disturbing, however, is the possibility that his parents will continue to condone and encourage his selfish behavior, exemplified by his reckless driving and, later, his unwillingness to own up to his responsibility for the fate of his friend and take his punishment like a man.

The Hogans' liability for irresponsible parenting, it would seem, is all but assured. What remains to be seen is how a jury will view Graziano's contributory negligence of driving, unrestrained, with the infamously reckless Nick Bollea. Stay tuned.

Millie Anne Cavanaugh, Esq. is an attorney practicing family law in the Los Angeles area and is a former insurance defense lawyer. She is licensed to practice law in California and Massachusetts. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.

¹CNN, Nancy Grace, "Hulk Hogan Family Jailhouse Phone Calls Released", transcript of television program aired on May 27, 2008.
²Ibid.

Drunk Driving: Parental Liability for Underage Drivers

Parents of underage drivers take an enormous financial risk every time their child gets behind the wheel. Parents can be held liable for the negligent acts of minor drivers and most parents are not even aware of the extent of the liability. Learn more about parental liability.

How to Talk Yourself Into Helping Your Teen

If you are like most parents, you will go along with your child until the substance abuse reaches a crisis such as a car accident, an unplanned pregnancy, or police involvement. Many parents allow excuses to continue until their teenagers flunk out of college, sink into the street drug sub-culture, or become full-fledged alcoholics. Learn how to talk yourself into helping your child.

Mom's Use of Substances Puts Child at Risk

Are you a "do what I say, not as I do" kind of Mom? If so, you may be surprised that your own use of cigarettes and alcohol during your child's early and middle school years may affect her later use of the same substances - as well as illicit substances such as marijuana - especially if she has certain temperamental tendencies. Learn more about the correlation between a mother's uses of substances and her child's.

Topics:

Drug Rehab
Addiction Treatment Centers
Substance Abuse Treatment
Recovery Programs