Nick Bollea (Hogan) Blames John Graziano
Nick Hogan has responded to the civil lawsuit filed by John Graziano’s family, claiming it’s John’s own fault he is lying in a hospital bed in a coma from injuries he sustained in a crash while riding as a passenger in Nick’s vehicle.
Some excerpts from the court documents:
John Graziano chose to violate Florida low by not wearing his seatbelt. Had John Graziano been wearing his seatbelt, he would not have sustained the injuries alleged in the Complaint.
John Graziano was the adult in the vehicle the day of the accident. He chose to get in the vehicle and, if he believed that Nick Bollea was driving in a negligent, reckless, willful or wanton way (a fact Nick Bollea denies), then as the adult in the vehicle, John Graziano, did nothing to supervise Nick Bollea.
If at any point in time John Graziano thought that Nick Bollea was driving in a negligent, reckless, willful or wanton way, John Graziano could have exited the 1998 Toyota Supra. The 1998 Toyota Supra was traveling on a city street and stopped at multiple stop lights prior to the accident. Despite repeated opportunities, at no point did John Graziano attempt to exit the 1998 Toyota Supra.
Assuming that Nick Bollea was negligent (a fact which Nick Bollea denies), John Graziano practically lived at the Bollea house. John Graziano knew Nick Bollea well and knew the 1998 Toyota Supra well. In fact, John Graziano had worked on the 1998 Toyota Supra and John Graziano had driven the 1998 Toyota Supra. John Graziano has been a passenger in the 1998 Toyota Supra innumerable times over the course of their multi-year friendship. John Graziano had spent the entire day of August 26, 2007 with Nick Bollea and knew Nick Bollea’s physical condition at the time of the accident. If there was any risk associated with riding as a passenger in the 1998 Toyota Supra, John Graziano knew of the risk and assumed the risk when he chose to be a passenger.
If Nick Bollea consumed alcohol prior to the accident, John Graziano provided the alcohol to Nick Bollea.
So let me get this straight – the defense is that John got into the car with Nick, didn’t have his seatbelt on, didn’t jump out of the car at any of the stoplights, and to top it off, practically lived at the Hogan home, therefore should have known better than to even be friends with Nick to begin with.
Yeah, this is clearly his own fault.
Are you even kidding me with this defense? Nick has shown no remorse, demonstrated no personal accountability and now he wants to be released from jail and be put under house arrest? Can you say douchebag?
View the court documents HERE.
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Filed under: Celebrity Justice, Nick Bollea
This is not surprising. I doubt Nick Hogan filed his own Answer to the Complaint. These are standard answers that his attorney (that his insurance company probably retained for him, so make that his insurance company’s attorney) filed in court. In many states (due to tort reform) the failure to make use of all safety devices in the car is contributory negligence on the part of the victim, and is commonly used to reduce the amount of damages the tortfeasor’s insurance company has to pay.
The other side of this, is that his defense attorney is alleging all possible defenses (which you have to do, or they might be waived), including those to specifically defend against a punitive damages claim.
I see this as (1) a valid attempt to defend the punitive claims and (2) an attempt by Nick’s insurance company to reduce the damages claim. This is NOT “Nick blaming John Graziano”.
If John G provided the alcohol, Nick drank, I think that puts an end to any lawsuit.
The defense has a strong case here. It seems that you don’t know much about law….
I don’t know the entire story, but…
John got in Nick’s car, knowing that it was a Supra and that Nick was wasted, and didn’t even bother to put on his seatbelt… and you contend it’s NOT his fault?!
Personal responsibility. Don’t get in a car with a drunk driver. Wear your seatbelt.
Nick’s clearly not a responsible person, but at that age many of us aren’t. That aside, his defense in the civil suit is legit.
John’s family really has no grounds for suing when John wasn’t wearing his seatbelt. That kind of gross personal negligence on his part makes it difficult (and in some states, not necessary) to assess Nick’s liability. The fact that John was the adult in the situation and possibly provided alcohol to the minor in question doesn’t really help either.
i’m pretty sure none of this changes the fact that nick’s a giant douche.
Graziano has already experienced the full reprocussions of his actions.
Nick, however is continuing his life as a spoiled piece of garbage with absolutely no sense of how his actions effect others.
I hope once he (prematurely) gets out of jail, the courts require him to be a primary caretaker for Graziano so that he is forced to acknowledge his responsibility.
Graziano was fully knowledgeable of the risks associated with the alleged vehicle and driver and choose to either ignore or accept those risks willingly. Although Nick Hogan may be a rich / spoiled / whatever celebrity; he shouldn’t be held responsible for Graziano’s poor choices.
Sounds like two friends who through a mutal lack of judgment got into a pile of trouble. Personally I don’t think there is much to say about even trying to sue this guy in the first place. If they were strangers maybe, if John was a innocent citizen in a cross walk maybe, but he’s not he’s the drinking buddy.
I’m sure on more then one occasion based on who was more sloshed John had driven nick home in the same car.
I think it’s a pretty good defense. That’s been my way of thinking all along. I’m sorry, but the fact remains that John was the only adult in that vehicle.
The biggest crime here is that Nick isn’t in a coma too.
Yeah, I’d say they kinda have a point. I’ve declined to get into cars with friends who’ve been drinking. I’m gonna have to agree with the douchebag. (He may have a point, but still a douche.)
Um Personal Responsibility if you’re drinking don’t drive drunk. I blame them both. one for driving drunk the other for letting him drive drunk.
Drag racing is illegal and therefore per se negligence. If the defense can prove that Graziano provided Bollea with alcohol then they may be able to argue comparative negligence and have any judgment reduced, but I imagine that we would have heard by now if there were any proof of this out there.
“personal responsibility” is not a legal doctrine, so that really won’t have anything to do with anything. What is more negligent, Drag racing or not wearing your seatbelt? Not a toughy. No one can testify as to what Graziano knew, because he has not and will never have the opportunity to tell anyone.
Even if Graziano was negligent to some extent, chances are that Bollea was moreso. In most jurisdictions, your claim is not barred simply because you may have been some small percentage at fault.
providing alcohol to a minor, getting in a car with him , and letting him drive you around drunk is a foolish endeavor. The fact he didn’t put a seatbelt on shows he had no concern for his own safety. Its his own fault.
You are kidding…right? The guy didn’t even have his seat belt on. Wake up.
HEY THATS THE CHANCE YOU TAKE!
THE KID DIDNT WEAR HIS SEATBELT IN FLORIDA THATS YOUR PERSONAL CHOICE ! IF THE COPS PULL YOU OVER THEN EACH PERSON THAT ISNT WEARING THE PROVIDED SAFETY DEVICE GETS THEIR OWN INDIVIDUAL TICKET! SO THAT MEANS ITS YOUR CHOICE YOUR RESPONSIBILITY! HE DOES HAVE SOME RESPONSIBILITY IN THAT HE SHOULD HAVE TOLD THE KID TO WEAR IT OR GET YOUR ASS OUT OF HJS CAR!! HE SHOULD KNOW THAT IF THE KID GETS HURT THE BLOODSUCKING FAMILY WOULD FILE SUIT AGAINST THE DAD! WHO BUSTED HIS ASS TO MAKE IN THIS WORLD! THATS BULLSHIT ! OK SUE NICK HE HASNT EARNED A DIME IN HIS LIFE!
SO MAYBE THE PARENTS OF JOHN G. SHOULD TAKE SOME RESPONSIBILITY AND HAVE RAISED A SMARTER KID TO WEAR A SEATBELT IN A HIGH PERFORMANCE CAR DRIVEN BY AN INEXPERIENCED DRIVER!
BUT THAT DOESNT EQUATE TO THAT FAMILY CASHING IN ON HULKSTERS HARD EARNED FORTUNE!
WHICH NO DOUBT THAT LAZY FATASS OLD WIFE OF HIS IS AFTER AND AFTER SHE PISSES THAT AWAY SHE’LL BE BEGGING HULKSTER FOR A LOAN!
THE POOR GUY SHOULD BUY A PRIVATE ISLAND AND NOT TELL ANYBODY WHERE IT IS!
PS IF HE DOES I HOPE HE’LL GIVE ME A CALL I’LL HANGOUT WITHEM HE’S COOL!
Could they ’say’ John Graziano any more times?
I find Nick’s defense hilarious. Even if John Graziano gave him the alcohol, Nick would still be equally responsable for the tragedy that unfolded because he choosed to get behind the wheel of the car under the influence. The only difference being is that, John paid serverely for his actions. That narcissistic brat will get to have a future unless karma pays him a visit and he meets the same fate his friend did.
If he’s successful in his lawsuite, I bet that future drunk drivers will be trying that in order to also get money.
What is wrong with everyone? Nick was 17 years old still a child technically. Just b/c they have money it seems to me that everyone is trying to blame them for this accident. I’m sure that he will feel guilty for the rest of his life over this. John was a grown adult, and obviously a drinking partner. When you are an adult you need to make adult decisions which means you don’t buy alcohol for minors, and you don’t get into a car with a drunk driver. Damn good defense in my opinion.
OOOOk I have read the comments here and I have a few questions.
1: Has it been proven that John is the one that bought the alcohol?
2: John was the only adult there? Come on people Nick was 17 not 14 or 15 if he couldnt act responsibly enough he should not have been driving and that my friends is not Johns fault!
Yes john should have been wearing a seat belt you are all right about that but did that really give Nick the right to drive the way he was driving? He was 17 he knew what he was doing end of story. He is at fault here for the “accident” and I use that term very loosely because he is at an age where he knows the difference between right and wrong and he knew he shouldnt have been driving it was johns decision to go with him yes but it was Nicks decision to drive so lets put the blame where it belongs. Nick should not have been driving and no it was not johns place to stop him if he is such a baby such a minor mommy and daddy should have stopped him by never allowing him to get a license. And it was johns responsibility to wear a seat belt which he didnt. so there is blame on both parts but dont be another Hulkster fan and try to place the blame solely on John Nick needs to face his part in this as well!
Nick is a selfish little bastard that deserves LIFE in prison as far as I am concerned, John Graziano is NEVER going to walk again and will always need 24/7 care. Hulk Hogan should be sued for every last penny he has, John’s family deserves all the money to help take care of him. I hope Nick never sees the light of day again!!!
I am an adult and mother, and the fact is that both people in the car knew what was going on and knew the possibile tragedies that could occur. It is sad that John is in the state he is in, but the fact is if he didn’t have his seat belt on, it is his own fault. It has been no secret Nick loves to race, if John is his friend, he most likely did the same. So his family should not be looking to blame anyone, but focussing on what is now best for their son. I don’t think John would want his family trying to ruin his friends life for a mistake he made, of his own sound mind and body. Maybe they should be talking with Nick to do something to make others more aware of the worst case if they choose to race around, and not wear their seat belt. It is an accident. Tragic as it may be, it is still an accident.
Nick still has to be punished by law for driving under the influence. In regards of John family trying to sew the Hogan family, I think there wasting their time.
Many times was I w/ my friends and they were drunk & I as a responsible person decide not to get in & just called my parents or a sober friend to pick me up. Please he could have gotten a cab. There is evidence that Nick stopped at a Albertsons and purchased beer, which you can see that John didn’t care. He was probable having fun & not even caring of what may happened, so he made his own decisions to stay in the car & not wear a set belt.
As a human being is sad & the comments Hogan made in Larry King were taken incorrectly, he was just trying to calm some frustration. John’s family needs to understand that there son wasn’t a 13yr old boy & that he was capable of making his own decisions. It easy to blame Nick now, when John’s family new how he was & that both probably like to race the car.
As parents we need to realize that even if something tragic happens to our kids, in this situation they both new & John was an adult how could have made a better decision.
AND AGAIN WHAT ALCHOHOL????????????!!!!!!!!!!!!!!!! THATS NOT WHAT HE WAS CHARGED WITH THERES NO MENTION OF DUI AT ALL!!!!!!
You probably should know what your talking about before posting something online. The defense clearly has a case here.