Le Mod Pol
04-08-2004, 11:33 AM
Calculation of whom to sue begins amid grief
The mother of the children injured and killed in a
hit-run hires a personal injury attorney.
She faces mounting expenses, with only $500 a month
income to feed & clothe her family.
By GRAHAM BRINK, Times Staff Writer Apr 8, 04
TAMPA - Two main legal questions usually arise after
fatal car crashes: Did anyone break the law, and who's
at fault?
The first question is handled by detectives and
prosecutors. The second falls to personal injury
attorneys, insurance companies and civil court.
Sometimes negotiations go on behind the scenes. If that
fails, lawsuits can follow.
Lisa Wilkins, who lost two sons and had two other
children injured in the hit-and-run on 22nd Street last
week, has hired attorney Thomas Parnell. He said he did
not want to go into any details about potential civil suits.
"Right now, we're just looking at all aspects," Parnell
said. "We're going to go after whatever party is responsible."
Wilkins could pursue several avenues.
The drivers might legally be at fault. Tampa Electric
Co. had not replaced burned-out street lights in the
area of the crash. The county, which is responsible for
maintaining that stretch of 22nd Street, might also
become a target.
"When it comes down to it, anybody can sue anybody, if
they can come up with a legal theory," said Tampa
attorney Ryan Christopher Rodems. Winning, of course,
is another matter.
Originally, investigators thought two vehicles hit the
four children, who were crossing 22nd Street just after
sunset last Wednesday. More recently, investigators
said they're not sure how the crash took place.
Killed were brothers Bryant Wilkins, 13, and Durontae
Caldwell, 3. Their brother and sister were injured. The
driver or drivers fled.
Jennifer Porter, a 28-year-old schoolteacher, came
forward Monday and apologized for her role in the
crash. Neither she nor her attorney gave any specifics
about what happened. She has not been arrested.
The investigation revealed that some street lights were
not operating at the time of the crash.
The Florida Supreme Court recently ruled that electric
companies have a duty to act with due care in
maintaining the lights.
Plaintiffs, however, still have to prove the burned-out
lights contributed to the crash. And, if passed, a
proposed bill before the state Legislature would limit
electric companies' liability in such cases.
"Trying to determine if (the lighting) was a factor
could be difficult," Rodems said. "Negligence law is
never clear-cut."
Porter could also become a defendant in a lawsuit. If
her father owns the car, he, too, could be sued. The
civil case against Porter might seem like a slam dunk:
Her lawyer said she was behind the wheel of the Toyota
Echo suspected of being involved in the crash, and
drove away out of fear. But while fleeing the scene of
a fatal crash is a crime, it does not necessarily play
a role in a civil case.
"A lawyer would have to establish that there was some
sort of causation between leaving the scene and the
injuries and deaths," said lawyer Paul Duval Johnson.
Rodems agreed, adding that plaintiffs' lawyers must
show that a driver's actions helped cause the crash. If
the children darted in front of the car or another
vehicle pushed the children in front of Porter's car,
it might be hard to establish that she was at fault,
Rodems said.
"In theory, she might have been driving in a safe
manner and could not see the kids in the middle of the
road," Rodems said. "You are allowed to drive down a
busy roadway with the expectation that pedestrians will
not be present in the middle of the road."
And then there is the matter of money. Little is gained
from filing a negligence suit if the defendant doesn't
have the means to pay.
An electric company often has deep pockets and lots of
insurance. The county, on the other hand, is protected
to a certain extent by a $100,000 cap on damages. And
in this incident, Porter is a schoolteacher; her father
a postal worker. They live in a middle class
neighborhood in Pasco County.
The whole civil matter might also be resolved before
any lawsuits hit the courthouse. Insurance companies
often negotiate settlements in cases they know will be
lost at trial, or are not worth the expense of going to
court.
"There are obviously going to be responsible parties,"
Parnell said. "If (investigators) can locate the other
vehicle or two (involved), we'll see what culpability
they have."
Asked what a large civil payment might mean to Wilkins,
Parnell said the first priority would be to pay for
mounting expenses resulting from the crash.
He said Wilkins, who does not have insurance, likely
will be left with large medical bills for her two
children who were hospitalized. In addition to funeral
costs and ongoing medical costs, Parnell said, Wilkins
and her surviving children likely will undergo mental
health counseling.
Courthouse records paint a dreary picture of Wilkins'
economic circumstances.
Landlord-tenant files show she and her children were
evicted five times in the past seven years after
failing to make rent payments that ranged from $400 to
$595 a month.
In one case, she wrote to the landlord explaining that
she had been sick and unable to pay. She also
complained that water from the bathroom of her
apartment off 137th Avenue in northern Hillsborough had
leaked into her children's room and "destroyed most of
their clothing."
Wilkins and her family were almost evicted again this
year when she fell behind on $570-a-month rent payments
at the Fredericksburg Apartments on N 22nd Street. A
judge signed an eviction order in January, but the case
was dismissed weeks later, apparently after the rent
was caught up.
Other records show Wilkins has been subsisting on
nothing but government assistance.
A financial statment she filed in September in a
still-pending paternity case listed her income as $552
in Social Security payments and $517 in food stamps, a
total of $1,069 a month to feed, clothe and shelter her
family each month.
Graham Brink can be reached at 226-3365 or
brink@sptimes.com
http://www.sptimes.com/2004/webspecials04/hitandrun/index.shtml
April 8, 2004
Deputies search home in hit-and-run investigation
By BRADY DENNIS
Hillsborough County looks at improving the road where
the fatal accident occurred.
April 8, 2004
Calculation of whom to sue begins amid grief
By GRAHAM BRINK
The mother of the children injured and killed in a
hit-run hires a personal injury attorney. She faces
mounting expenses.
April 7, 2004
Carwash tape may have hit-run evidence
By SAUNDRA AMRHEIN
A car suspected of involvement in the accident may have
visited the business, officials say.
April 7, 2004
Sheriff says be patient
By SAUNDRA AMRHEIN
"This isn't CSI," Cal Henderson tells residents
demanding the arrest of a teacher who may have been
involved in a fatal hit-and-run accident.
April 6, 2004
'She wanted to come forward to do right thing'
By Times Staff
In a remarkable event, Tampa attorney Barry Cohen on
Monday stepped forward with the driver of a car
involved in Wednesday's hit-and-run crash that killed
two boys at 22nd Street and E 142nd Avenue.
April 6, 2004
Jennifer Porter Statement
By Times Staff
This is the transcript from a news conference Monday at
the office of Tampa lawyer Barry Cohen.
April 6, 2004
Elementary teacher drove hit-run car; no arrest made
By BRADY DENNIS
Jennifer Porter apologized to the bereaved family
Monday. Her attorney says she was too scared to stop.
April 6, 2004
Lawyer spins his strategy in hit-run
By GRAHAM BRINK
Barry Cohen begins by painting his 28-year-old client
as a frightened woman - not a cold-hearted coward - in
the crash that killed two.
April 5, 2004
Press conference transcript
By Times Staff
From a press conference at the office of Tampa attorney
Barry Cohen this morning:
April 5, 2004
Driver in hit-run emerges today
By SAUNDRA AMRHEIN
The family that owns a confiscated Echo hires a noted
attorney and plans a news conference.
April 4, 2004
Officers comb for hit and run clues
By STEVE THOMPSON and LETITIA STEIN
Deputies return to the area where they found a car
thought to be involved in the crash that killed two
Tampa children.
April 3, 2004
Car tied to hit-run found in Pasco
By SAUNDRA AMRHEIN and
SHANNON COLAVECCHIO-VAN SICKLER
Damage to the Toyota Echo matches evidence from the
scene of the collision that killed two children and
injured two others.
April 2, 2004
Laws harsh on those who kill, flee in vehicles
By GRAHAM BRINK
TAMPA - A driver who kills pedestrians and then flees
the scene faces serious charges in Florida.
April 2, 2004
Mother endures night of shock after shock
By SAUNDRA AMRHEIN
TAMPA - It was shortly after midnight Thursday when
Lisa Wilkins returned from identifying her second dead
child.
April 2, 2004
Streetlights failed to illuminate kids
By BRADY DENNIS
TAMPA - The four siblings walked away from the brightly
lit basketball courts and into the growing darkness of
22nd Street.
April 2, 2004
Tears and questions flow in hit-and-run aftermath
By SAUNDRA AMRHEIN and
SHANNON COLAVECCHIO-AN SICKLER
TAMPA - Bryant Wilkins was supposed to blow out candles
on a big sheet cake in front of his classmates at
Liberty Middle School in New Tampa today, a sweet 14th
birthday.
April 1, 2004
Child, teen die as drivers flee
By SAUNDRA AMRHEIN
A crowd of 200 shouts in outrage at the hit-and-run
wrecks. "They were all walking together holding hands,"
one man says of the victims.
--
LP
In politics, moderation is the best policy.
The mother of the children injured and killed in a
hit-run hires a personal injury attorney.
She faces mounting expenses, with only $500 a month
income to feed & clothe her family.
By GRAHAM BRINK, Times Staff Writer Apr 8, 04
TAMPA - Two main legal questions usually arise after
fatal car crashes: Did anyone break the law, and who's
at fault?
The first question is handled by detectives and
prosecutors. The second falls to personal injury
attorneys, insurance companies and civil court.
Sometimes negotiations go on behind the scenes. If that
fails, lawsuits can follow.
Lisa Wilkins, who lost two sons and had two other
children injured in the hit-and-run on 22nd Street last
week, has hired attorney Thomas Parnell. He said he did
not want to go into any details about potential civil suits.
"Right now, we're just looking at all aspects," Parnell
said. "We're going to go after whatever party is responsible."
Wilkins could pursue several avenues.
The drivers might legally be at fault. Tampa Electric
Co. had not replaced burned-out street lights in the
area of the crash. The county, which is responsible for
maintaining that stretch of 22nd Street, might also
become a target.
"When it comes down to it, anybody can sue anybody, if
they can come up with a legal theory," said Tampa
attorney Ryan Christopher Rodems. Winning, of course,
is another matter.
Originally, investigators thought two vehicles hit the
four children, who were crossing 22nd Street just after
sunset last Wednesday. More recently, investigators
said they're not sure how the crash took place.
Killed were brothers Bryant Wilkins, 13, and Durontae
Caldwell, 3. Their brother and sister were injured. The
driver or drivers fled.
Jennifer Porter, a 28-year-old schoolteacher, came
forward Monday and apologized for her role in the
crash. Neither she nor her attorney gave any specifics
about what happened. She has not been arrested.
The investigation revealed that some street lights were
not operating at the time of the crash.
The Florida Supreme Court recently ruled that electric
companies have a duty to act with due care in
maintaining the lights.
Plaintiffs, however, still have to prove the burned-out
lights contributed to the crash. And, if passed, a
proposed bill before the state Legislature would limit
electric companies' liability in such cases.
"Trying to determine if (the lighting) was a factor
could be difficult," Rodems said. "Negligence law is
never clear-cut."
Porter could also become a defendant in a lawsuit. If
her father owns the car, he, too, could be sued. The
civil case against Porter might seem like a slam dunk:
Her lawyer said she was behind the wheel of the Toyota
Echo suspected of being involved in the crash, and
drove away out of fear. But while fleeing the scene of
a fatal crash is a crime, it does not necessarily play
a role in a civil case.
"A lawyer would have to establish that there was some
sort of causation between leaving the scene and the
injuries and deaths," said lawyer Paul Duval Johnson.
Rodems agreed, adding that plaintiffs' lawyers must
show that a driver's actions helped cause the crash. If
the children darted in front of the car or another
vehicle pushed the children in front of Porter's car,
it might be hard to establish that she was at fault,
Rodems said.
"In theory, she might have been driving in a safe
manner and could not see the kids in the middle of the
road," Rodems said. "You are allowed to drive down a
busy roadway with the expectation that pedestrians will
not be present in the middle of the road."
And then there is the matter of money. Little is gained
from filing a negligence suit if the defendant doesn't
have the means to pay.
An electric company often has deep pockets and lots of
insurance. The county, on the other hand, is protected
to a certain extent by a $100,000 cap on damages. And
in this incident, Porter is a schoolteacher; her father
a postal worker. They live in a middle class
neighborhood in Pasco County.
The whole civil matter might also be resolved before
any lawsuits hit the courthouse. Insurance companies
often negotiate settlements in cases they know will be
lost at trial, or are not worth the expense of going to
court.
"There are obviously going to be responsible parties,"
Parnell said. "If (investigators) can locate the other
vehicle or two (involved), we'll see what culpability
they have."
Asked what a large civil payment might mean to Wilkins,
Parnell said the first priority would be to pay for
mounting expenses resulting from the crash.
He said Wilkins, who does not have insurance, likely
will be left with large medical bills for her two
children who were hospitalized. In addition to funeral
costs and ongoing medical costs, Parnell said, Wilkins
and her surviving children likely will undergo mental
health counseling.
Courthouse records paint a dreary picture of Wilkins'
economic circumstances.
Landlord-tenant files show she and her children were
evicted five times in the past seven years after
failing to make rent payments that ranged from $400 to
$595 a month.
In one case, she wrote to the landlord explaining that
she had been sick and unable to pay. She also
complained that water from the bathroom of her
apartment off 137th Avenue in northern Hillsborough had
leaked into her children's room and "destroyed most of
their clothing."
Wilkins and her family were almost evicted again this
year when she fell behind on $570-a-month rent payments
at the Fredericksburg Apartments on N 22nd Street. A
judge signed an eviction order in January, but the case
was dismissed weeks later, apparently after the rent
was caught up.
Other records show Wilkins has been subsisting on
nothing but government assistance.
A financial statment she filed in September in a
still-pending paternity case listed her income as $552
in Social Security payments and $517 in food stamps, a
total of $1,069 a month to feed, clothe and shelter her
family each month.
Graham Brink can be reached at 226-3365 or
brink@sptimes.com
http://www.sptimes.com/2004/webspecials04/hitandrun/index.shtml
April 8, 2004
Deputies search home in hit-and-run investigation
By BRADY DENNIS
Hillsborough County looks at improving the road where
the fatal accident occurred.
April 8, 2004
Calculation of whom to sue begins amid grief
By GRAHAM BRINK
The mother of the children injured and killed in a
hit-run hires a personal injury attorney. She faces
mounting expenses.
April 7, 2004
Carwash tape may have hit-run evidence
By SAUNDRA AMRHEIN
A car suspected of involvement in the accident may have
visited the business, officials say.
April 7, 2004
Sheriff says be patient
By SAUNDRA AMRHEIN
"This isn't CSI," Cal Henderson tells residents
demanding the arrest of a teacher who may have been
involved in a fatal hit-and-run accident.
April 6, 2004
'She wanted to come forward to do right thing'
By Times Staff
In a remarkable event, Tampa attorney Barry Cohen on
Monday stepped forward with the driver of a car
involved in Wednesday's hit-and-run crash that killed
two boys at 22nd Street and E 142nd Avenue.
April 6, 2004
Jennifer Porter Statement
By Times Staff
This is the transcript from a news conference Monday at
the office of Tampa lawyer Barry Cohen.
April 6, 2004
Elementary teacher drove hit-run car; no arrest made
By BRADY DENNIS
Jennifer Porter apologized to the bereaved family
Monday. Her attorney says she was too scared to stop.
April 6, 2004
Lawyer spins his strategy in hit-run
By GRAHAM BRINK
Barry Cohen begins by painting his 28-year-old client
as a frightened woman - not a cold-hearted coward - in
the crash that killed two.
April 5, 2004
Press conference transcript
By Times Staff
From a press conference at the office of Tampa attorney
Barry Cohen this morning:
April 5, 2004
Driver in hit-run emerges today
By SAUNDRA AMRHEIN
The family that owns a confiscated Echo hires a noted
attorney and plans a news conference.
April 4, 2004
Officers comb for hit and run clues
By STEVE THOMPSON and LETITIA STEIN
Deputies return to the area where they found a car
thought to be involved in the crash that killed two
Tampa children.
April 3, 2004
Car tied to hit-run found in Pasco
By SAUNDRA AMRHEIN and
SHANNON COLAVECCHIO-VAN SICKLER
Damage to the Toyota Echo matches evidence from the
scene of the collision that killed two children and
injured two others.
April 2, 2004
Laws harsh on those who kill, flee in vehicles
By GRAHAM BRINK
TAMPA - A driver who kills pedestrians and then flees
the scene faces serious charges in Florida.
April 2, 2004
Mother endures night of shock after shock
By SAUNDRA AMRHEIN
TAMPA - It was shortly after midnight Thursday when
Lisa Wilkins returned from identifying her second dead
child.
April 2, 2004
Streetlights failed to illuminate kids
By BRADY DENNIS
TAMPA - The four siblings walked away from the brightly
lit basketball courts and into the growing darkness of
22nd Street.
April 2, 2004
Tears and questions flow in hit-and-run aftermath
By SAUNDRA AMRHEIN and
SHANNON COLAVECCHIO-AN SICKLER
TAMPA - Bryant Wilkins was supposed to blow out candles
on a big sheet cake in front of his classmates at
Liberty Middle School in New Tampa today, a sweet 14th
birthday.
April 1, 2004
Child, teen die as drivers flee
By SAUNDRA AMRHEIN
A crowd of 200 shouts in outrage at the hit-and-run
wrecks. "They were all walking together holding hands,"
one man says of the victims.
--
LP
In politics, moderation is the best policy.
