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Family gets $20M in son's death
The defendant didn't show up for the case involving a boy and an all-terrain vehicle.
By JAMAL THALJI AND MOLLY MOORHEAD
Published April 3, 2007
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Donald "D.J." Roberts Jr. was an eighth-grade student who liked to fish and play Monopoly.
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DADE CITY - A Pasco County civil jury last week awarded Donald and Terry Roberts $20-million in the 2002 death of their 13-year-old son Donald "D.J." Roberts. The Pasco Middle School student died when he lost control of someone else's four-wheel all-terrain vehicle and crashed head-first into a barbed wire fence off Stellar Drive. There was simply no defense for what happened, the jury ruled. Because there literally was no defense. The defendant - Timothy Mark Taylor, the man accused of inviting D.J. over to ride the ATV - didn't even come to court. No lawyers showed up for his side. Which may be just as well. "I doubt seriously we'll be able to collect it from the defendant," said Tampa attorney Hendrik Uiterwyk, who represents the boy's parents. A records search shows Taylor does not own any property in Pasco County. Uiterwyk declined to comment on what the family's next legal step will be. D.J. had just started the eighth grade, was an excellent student, liked to fish, play Monopoly and wanted to be a police officer one day, jurors learned during last week's trial. At the time of the accident, witnesses and investigators told the Times that D.J. and a 10-year-old were riding a nearby resident's ATV without permission. Witnesses said the boys were riding too fast, and ignored their shouts to slow down. The accident left the 10-year-old injured. D.J. died at the scene. But according to the Robertses' 2004 wrongful death suit, Taylor invited their son over to ride the 1986 Honda ATV. It is unclear if Taylor owned the ATV, but the lawsuit alleges he was "responsible" for it. The lawsuit further alleged that Taylor: failed to provide adult supervision; failed to "properly secure" the ignition key; and failed to keep the ATV in a "safe" condition. D.J. "was almost decapitated in the accident," Uiterwyk told the jury. After the accident, Taylor never wrote, called or visited, according to Uiterwyk. The lawyer asked the jury for $20-million, and got it. "You can show the value that our society places on the family relationship," Uiterwyk told jurors. Taylor could not be reached for comment. Nor could the boy's parents. "They have prevailed," Uiterwyk said. "But it doesn't bring them any pleasure because they still lost a 13-year-old son."
[Last modified April 2, 2007, 23:32:18]
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Comments on this article
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by Tom
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04/17/07 10:53 AM
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ATVs are dangerous vehicles and have warnings that no one under 16 should operate. Kids don't know any better, that's what adults are for. If this guy let these kids rides his ATV then he's responsible. Would you give a kid a gun and not supervise?
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by Patricia
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04/05/07 06:33 PM
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You have to be kidding me. There is no way a person should have to pay 20 million dollars for an accident. Where where the parents when this happened? Of course they are going to say he invited them, they want someone to blame. Parental supervision!
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by J.L.
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04/05/07 06:58 AM
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I work in a local hospital's trauma unit and I see the awfull pain all of these fun filled vehicles can bring to a family. From Skate boards to Seado's
they are all dangerous even when supervision is provided.
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by kevin
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04/04/07 11:01 PM
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Mr. Uiterwyk!Have you grown some morals?Are you really gonna settle for a mere 20 million?That'll hardly pay to have your horns polished!Can't you sue the land owner?What about Honda?How about the gas station that sold him the gas?I'm ashamed fou you
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by J.F
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04/04/07 03:24 PM
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Money was not the issue here. Look at the facts of the case. The first trial proved Taylor was at fault. A life was lost, unexpected bills are now due and a life of earnings are now gone. If you are responsiable, your responsible. Pay up...
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by R.F.
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04/04/07 11:24 AM
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Wake up people! Ask yourself this question. If your child was killed at school wouldn't that be similar. As an adult YOU are responsible for any child you have in your care. PERIOD !
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by Juror ! (R.F.)
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04/04/07 10:31 AM
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For those that stated..this is ridiculous. Need to put yourself in this situation. Your child was killed due to the neg. of an adult...period !
This family will never see that $, nor could anything ever replace a childs life.
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by Juror !
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04/04/07 10:27 AM
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1st. Mr. Taylor knew the ATV was not in proper working condition, this was already determined in a previous trail. Therefore none of those details were address. 2nd a child lost his life due to the negligence of an adult & the family lost a son.
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by Glen
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04/04/07 09:05 AM
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I think the parents should shoulder the responsibility. Where is the supervision? Why is society being relied upon to raise other peoples children? I have this problem in my neighborhood - police are of no help, but if a child is injured then what?
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by Sue
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04/03/07 11:18 PM
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It seems that there ae conflicting parental and witness stories. Unfortunately a youngster lost his life while chosing to ride an ATV. Why does the responsibility not fall to the child for riding too fast and possibly in an unsafe manner?
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by Deborah
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04/03/07 10:21 PM
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Right & wrong go out the window the minute the lawyers show up.
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by Marjo
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04/03/07 10:08 PM
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Ridiculous court decision. The parents failed to supervise their child. I see it everyday in my area, parents allowing gocarts, battery cars & scooters running up & down driveways into streets & on streets recklessly. How dumb can parents be?
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by jon-jon
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04/03/07 09:09 PM
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UNBELIEVBLE!! Society should impose monetary penalties on parents every time a child disobeys/breaks a rule. This would force todays parents to actually "raise" their children. Kids today do things we would fear even thinking of doing.
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by Sal
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04/03/07 08:50 PM
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There are some pretty mean and bitter posts here. Yes the child was partly at fault but he was just a child and there was clear negligence by the ATV owner. You don't let kids ride your ATV nor do you make it accessible to kids.
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by JT
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04/03/07 06:48 PM
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In response to tj's blog below, you are a clown, if the parents don't get paid how will their attorneys. Hope you never get decapitated guy.
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by Susan
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04/03/07 06:38 PM
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Shame, shame... on the parents AND on the Jury.Is there something about "without permission" they all don't understand? Taylor was also accused of "not secureing the key".... common sense should tell that jury it obviously was taken w/o permission.
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by Patrick
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04/03/07 05:49 PM
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I think everyone who thinks this was ridiculous has missed the point entirely. If you are stupid enough to let any kid ride an ATV unsupervised, they got off easy for $20M. The family will never collect a dime and 99% of parents would sue, if them.
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by Jason
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04/03/07 05:37 PM
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Just look at these rabid comments. Most have a grasp of the native language that would be considered poor for a 7th grade kid!
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by Jen
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04/03/07 05:27 PM
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What a crock. He did not have PERMISSION to use the ATV. And where the heck were the PARENTS? This is not the fault of Mr Taylor. This is the fault of the kid and the lack of parental supervision.
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by Holly
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04/03/07 05:18 PM
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There is no such thing (anymore) as assumed risk...let's "blame" it on someone or something! The money does not bring back a loved one, and what message does it send?
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by MiMi
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04/03/07 04:35 PM
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Parents can't constantly supervise a 13 year old.You give your kids some freedom and hope they use some sense. What is sad is after all these deaths on ATVs there are parents still letting their kids ride without helmets and ignore safety rules.
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by MP
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04/03/07 04:34 PM
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HEY IF THE MAN ALLOWED THE CHILD ON THE 4 WHEELER THAN HE IS RESPONSIBLE. HE'S THE ADULT AND IT WAS HIS DECUSION TO ALLOW THE TO RIDE WITH OR W/OUT THEIR PARENTS PERMISSION AND HIS LIFE CAN NER BE REPLACED.
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by tj
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04/03/07 03:48 PM
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Just take this as one valuable lesson that I have learned here in Florida. You can sue anyone for anything, but it will be next to impossible to collect. So who wins?
THE ATTORNEYS AGAIN.
Win or lose they always get paid.
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by Sue
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04/03/07 03:45 PM
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Carrie, if the parents are getting 20 mil for this, they aren't idiots. Sleazy, yes, but they aren't stupid.
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by Rhonda
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04/03/07 03:44 PM
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What a crock! Where were the parents when this happened? Why weren't they supervising their child? We are sending the message to our children, and society as a whole, that you aren't responsible for yourself - go ahead, it's someone else's fault-NOT!
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by williamson
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04/03/07 03:38 PM
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This was very tragic for all partie's concerned and nothing was acomplished except alot of grief for family's involved.My feelings are you need to watch and love the children that are left behind.
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by Lisa
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04/03/07 03:12 PM
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I feel bad that they lost their son, but....if he was "invited" over he is only 13 years old. His parents should have been aware of where he was and what he was doing. A 13 year should not a free run to do and go where they want. Irresponsible!!!
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by AmyJo
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04/03/07 02:34 PM
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Of course the parents who *allowed* him to ride the ATV aren't responsible. Surely we shouldn't expect parents to supervise their *own* children! Someone else should be expected to that, especially when operating dangerous machinery!
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by Carl
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04/03/07 02:28 PM
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20 million--beyond ridiculous. The parents should get nothing. The civil system in the USA is out of control.
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by Carl
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04/03/07 02:16 PM
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Hey, you guys missed the whole reasoning behind the "Lawsuit". I'd venture to guess that it was not about "accountbility", but about he who is "lawered up" get's the so-called "Justice". Jury dropped the ball, the Lawer? 30 % of 20M. What a waste.
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by Sally
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04/03/07 01:51 PM
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$20MM INSANE! Where were the parents when DJ was "accepting" the invitation to ride! I hope they go bankrupt paying the attorney--who WIL be the only one collecting anything out of this. Where the heck was the jury's head?
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by leigh
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04/03/07 01:43 PM
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This just shows you what our society has become what a stupid comment "You can show the value that our society places on the family relationship" I guess stealling has nothing to do with it. Taylor probably didnt have money to higher an attorney.
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by John
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04/03/07 01:26 PM
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I hope someday I can steal someone else's ATV - I mean, use it without permission, and make 20 million off the deal. The greed and sense of entitlement from this couple is disgusting.
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by Leaving the US
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04/03/07 12:50 PM
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Uiterwyk told jurors:"You can show the value that our society places on the family relationship,"...what a LIE! Acutually you'r showing there is NO such thing as "Society" anymore,when a "Family" places a MULTI-Million $ value on there poor dead son!
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by future Court Victim
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04/03/07 12:15 PM
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2nd paragraph: "lost control of someone else's four-wheel all-terrain vehicle". When we where kids&hurt ourselves on some ELSE'S property. We where ashamed of our recklousness&damage WE caused & we'd run away.NOW people run to COURT for LOTTERY Pri$e
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