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Fresno Boy Killed in Drunk Driving Accident
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Miami Archdiocese to pay $14 Million to Boy with Brain Injuries
April 02, 2008
Topic: Drunk Driving Accidents
All it would have taken for the authorities at Gabriel Maynoldi's school was to let parents know there was an underage drinking party planned at the home of one of his classmates. The school might not have had permission to interfere in a private party in a private home, but it would have been totally within its bounds to inform parents of teenagers that their kids were about to embark on a drink fest that might not end well.
Kids and alcohol make a potent combination. Combine that with a car and you have all the ingredients for a disaster. When the party at the home of Enrique and Yasmin Valcarcel wound down, friends Gabriel and Michael Sanchez-Agramonte set off for home in their white Acura. They were traveling at approximately 80 miles an hour when the car slammed into a tree. The impact cracked the car in half. Michael died instantly. Gabriel suffered severe brain injuries, and remains paralyzed and confined to a wheel chair. Michael had a blood alcohol level of .22 and Gabriel's alcohol level was .096. The legal allowed limit is .08. It was 2001, and the boys were 17 years old.
Gabriel's parents sued the Archdiocese of Miami for negligence, and on Friday a court ruled in their favor, finding the Archdioceses liable for $14 million. In their lawsuit, the parents claimed that the boy's school, Archbishop Coleman Carroll High School, was partially negligent in the accident. On the day of the fateful party, the school authorities, including Principal Richard Fenchak, were fully aware that an underage drinking party was being planned at the home of the Valcarcels. Invitations for the party had been circulating in the school, and it was clearly obvious to anyone who saw them that copious amounts of alcohol were going to flow. The invite featured a picture of Crown Royal Whiskey, and an invitation that read "Come end the school year the right way."
Not only was principal Fenchak aware of the party, but he actually made joking references to it on the public address system at school that day. He even dropped by the party venue where he saw students of his own school dropping unconscious from drinking the alcohol, and he didn't see fit to step in and take an authoritative role. One assumes he wanted to be a jolly and happy-go-lucky principal who was a friend to all his students - a cool principal, in short.
Except that Gabriel Maynoldi's condition is far from being cool. He has no use of his arms and legs, and his muscles have to be painfully stretched to prevent contraction. This is a boy who can never have a normal life.
When the Maynoldis admitted their son into this private school, they signed a document that stated that the school would inform them of any illegal activities that were being planned on campus. The last time we checked drinking before the age of 21 was illegal in this country. The Maynoldis deserved to know that their child was going to be indulging in dangerous activities. Placing the blame on the parents avoids the crux of the matter - that the school was supposed to inform the parents of any untoward events being planned, and it didn't. It shirked its responsibility, with tragic consequences for two young men.
If you have been injured in a drunk driving related accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.


