What'cha Gonna Do Brother When Hulkmania Runs Wild on You: A Practitioner's Guide to Section 322.09 of the Florida Statutes

Authors

Kansas R. Gooden, Boyd & Jenerette, P.A.

First Page

390

Document Type

Article

Abstract

In the 1980s and 1990s, our generation grew up watching Hulk Hogan in the ring. We would watch in awe as he would rip his yellow and red shirt and scream catchy slogans. He told us to "[t]rain, say your prayers, and eat your vitamins., We watched him star in movies, such as Rocky III and Mr. Nanny. Later, our generation was hooked on Hogan Knows Best, a reality show featuring Hulk Hogan and his family, which aired on VH1. However, on August 26, 2007, the Hogans were forced into the spotlight for another reason. Nick, Hulk Hogan's youngest child, was involved in a horrific automobile accident, severely injuring his passenger, John Graziano. There were reports that he lost control of the vehicle while engaging in "light to light" drag racing. On March 24, 2008, the guardian of John Graziano, Peter Musante, filed suit on behalf of John, naming Terry Bollea, Linda Bollea, Nick Bollea, and Daniel Jacobs as defendants. The suit contained several counts. Count II of the complaint specifically alleged the negligence of Terry Bollea, pursuant to section 322.09 of the Florida Statutes. This statute imputes negligence upon the person who signs for a minor's driver's license. Many practitioners are unaware of this statute. It is often overlooked when drafting pleadings and rarely pled. It has the possibility for being a powerful tool for a skillful practitioner. This statute could either win or lose your client a greater award in damages. A prudent practitioner needs to know how to tackle section 322.09. Part II of this article will examine Nick Hogan's accident and the events that led up to the filing of John Graziano's lawsuit against the Hogans. Part III will analyze section 322.09 of the Florida Statutes and corresponding case law. Part IV will guide practitioners as to how to allege negligence under and how to defend against this statute. It will educate practitioners as to the importance and power of section 322.09.

Recommended Citation

Kansas R. Gooden, What'cha Gonna Do Brother When Hulkmania Runs Wild on You: A Practitioner's Guide to Section 322.09 of the Florida Statutes, 21 St. Thomas L. Rev. 390 (2009).
Available at: https://scholarship.stu.edu/stlr/vol21/iss3/4