A Henry County Superior Court jury will decide a negligence case stemming from an auto accident that occurred over 12 and one-half years ago.

McDonough, GA—Trial began today in Henry County Superior Court in an automobile negligence case stemming from an accident that occurred 4,584 days earlier. Nita King v. Olin Wayne Davis [Deceased] 2008-SU-CV-3386.

This is the second trial based on a July 28, 2002, accident between Nita King and Olin Wayne Davis. The first trial was held in Henry County State Court in 2006, and King filed the current lawsuit in 2008. Davis has died since the accident, and the defense is expected to introduce his testimony from the previous trial and earlier deposition he made into evidence.

Nita King testified today that she was driving her two-year-old son to work on the day of the accident when Davis’ vehicle hit her car with such force that she immediately blacked out. She said that she had received periodic medical treatment from various physicians since the accident and was unable to work for over a year due to her injuries. In addition to injuring her neck, knee, and shoulder in the accident, King added that she now suffers from memory losses and an inability to concentrate. King also showed the jury her facial injuries, which she described as an “indented forehead,” that she said she received in the accident.

In her opening statement, defense attorney Josanne Celestine pointed out that King had been involved in three other automobile accidents since 2002 and that, each time, she complained of similar physical injuries to the neck, shoulder, and knee. When questioned by her attorney Graylin Ward about those subsequent accidents, King said that her earlier injuries resulting from the 2002 accident never fully healed and that she aggravated those earlier injuries in the later accidents.

Testimony will resume with the defense’s cross-examination of King. Both parties said they expect to present the case to the jury by the end of the week.

Aquatic rescue expert Clay Ingle criticized the rescue procedures used to attempt to free powerboat racing champion Joey Gratton from his boat after its 2011 crash in a race overseen by Super Boat International Productions, Inc.Gratton's widow, Priscilla Gratton, settled her wrongful death suit against with Super Boat International. 

Fort Lauderdale, FL –The widow of drowned champion powerboat racer Joey Gratton reached a settlement in her wrongful death case against Super Boat International Productions, Inc., the organizers of a Key West race in which Gratton drowned. Details of the settlement were not made public and attorneys could not be reached for comment. Priscilla Gratton v. Donald DiPetrillo et al, CACE 12004442.

Priscilla Gratton alleged that race organizers negligently failed to ensure that properly trained rescue divers were on hand and did not immediately stop the 2011 race following an accident that caused his boat to flip. The defense contended that the death resulted from mechanical problems that prevented the rescue divers from extricating Gratton from the capsized boat in time.

The settlement came January 16, after the jury heard two and a-half days of testimony from various witnesses, including Michael Haugh and Steven Lang, the two divers who attempted to rescue Gratton. The last witness to testify was Gratton’s expert Clay Ingle, chief of a Chattanooga, TN, rescue service who had personally performed over 150 similar rescues of trapped boaters in his career.

Ingle characterized the use of civilians Haugh and Lang as primary rescuers, instead of trained professionals, as “way below” acceptable national standards for the type of race in which Gratton died. He explained: “The fact that [Haugh] wasn’t trained properly … he wasn’t a public safety diver, didn’t have the correct mindset … didn’t have the experience not to panic in a situation that’s deteriorating and not able to come up with an acceptable idea to correct problems that he was having; that’s the big negligence. This is horrible. This should never have happened because he was not properly trained.”

Ingle went on to testify that safely rescuing Gratton would have been simple for a properly trained professional. “There were so many mistakes made from the start; at any time a simple action could have solved this problem… If either one of them would have been trained appropriately they wouldn’t have panicked; they would have done what needed to be done; this would have been a simple rescue, no other way to say it.”

Ingle also said that divers in the rescue helicopter, which arrived at the accident scene before Haugh and Lang did, should have been the first ones to deploy. Further, the organizers’ failure to stop the race immediately after the accident made the rescue attempt more difficult.

When Gratton’s attorney Michael Allweis asked Ingle about specific actions taken by Haugh and Lang, Ingle criticized their leaving Gratton in the water and giving an “OK” sign to other rescuers while the racer was still in the boat. At the very least, Ingle said a diver should have remained with Gratton and made sure he could breathe, sharing the air from the diver’s own tank if needed.

On cross examination by William Milliken, Ingle acknowledged that various boating organizations had different safety standards and that he had no actual knowledge as to how much training Haugh and Lang had received. Ingle said, “If I didn’t witness it or I didn’t see the [certification] paper on it, I can’t testify someone’s been trained.”

Video coverage of the trial prior to its settlement is available on Courtroom View Network.