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Injured passenger sues father of dead driver
By BILL COATS, Times Staff Writer LUTZ -- In January, the death of Lutz firefighter John Saunders Jr. in a Jeep crash swamped the fire department with grief. Meanwhile, Saunders' passenger, Michael Menendez, lay unconscious for days in St. Joseph Hospital. His family released little information. Now Menendez' story is becoming public. He has sued Saunders' father, the Jeep owner, on grounds that the owner is responsible for the operation of the car. Menendez suffers brain damage, said John McLaughlin, Menendez' attorney. "From what his mom and dad are telling me, obviously there's a big change in how he handles himself and how he comes across," McLaughlin said. "He's just much slower than he was before." The attorney for John Saunders Sr. declined to discuss the case. In court papers, he contends Saunders is immune from the claims under damage limits in Florida law, that Menendez contributed to his own injuries through negligence and that Menendez wasn't wearing his seat belt. Menendez was wearing a seat belt, according to the Florida Highway Patrol. The Patrol concluded in late January that Saunders Jr. contributed to the accident by driving with a blood-alcohol percentage of .14. In Florida, anyone with a level above .08 percent is considered unable to drive safely. The Patrol reported Saunders was driving at 70 mph on U.S. 41 the night of May 11. Where the road curves left near County Line Road, Saunders continued straight, bumping the right curb. He swerved to the left, crossing the median and all six lanes of U.S. 41. The jeep left the road and vaulted a railroad embankment. It was airborne for 94 feet before hitting a pine tree. The front of the Jeep was pushed in nearly three feet. Saunders, 20, wasn't wearing a seat belt and died when he was thrown forward against the windshield and dashboard, the report concluded. Menendez, now 19, was injured as the Jeep's dashboard was pushed toward him and he was thrown against his seat belt, the report said. His attorney said Menendez, a Jesuit High School graduate from Lutz, was a personal trainer and a student at Hillsborough Community College, but had to leave school and the job. He's undergoing rehabilitation. He can walk, but not run, and suffers memory loss, McLaughlin said. "He doesn't have a recollection of the night." -- Bill Coats can be reached at (813) 269-5309 or coats@sptimes.com.
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