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County found liable in death
By CARRIE JOHNSON
© St. Petersburg Times, INVERNESS -- The family of an Inverness woman killed in a 1997 car wreck is entitled to $6-million, jurors decided Wednesday night. However, it's unlikely Bruce McQuillin and his 11-year-old son, Michael, will ever collect more than a fraction of the damages awarded for the death of Deborah McQuillin, 28, who was killed in 1997 when her car ran off E Moccasin Slough Road, a county road that was under construction. Bruce McQuillin sued the county, contending officials were negligent for leaving a 3-inch drop-off between the freshly laid asphalt and the shoulder of the road. Jurors, however, attached most the blame for the wreck -- 80 percent -- to Deborah McQuillin, who was legally intoxicated at the time of the crash, according to court testimony. That means the county is only responsible for 20 percent of the damages, or about $1.2-million. And without a special order from the state Legislature, the county won't have to pay more than $200,000, the cap on damages juries can award citizens who win negligence lawsuits against government agencies. Still, said Eddie Scott, the attorney for Bruce McQuillin, a win is a win. "We consider it a victory," he said. "The most important thing is the jurors found that the county did something wrong." In addition to raising questions about the county's role in the wreck, Scott had also tried to persuade jurors that Deborah McQuillin was not the driver of the Mustang GT at the time of the crash. Two other women, Melissa Wood and Kathleen Kawalski, were also in the car. The three women had been drinking at Griff's bar in Inverness and were on their way to Wood's house when the car ran off the side of E Moccasin Slough. None of the three were wearing seat belts. Wood and Kawalski were ejected after the car began to spin. Rescue workers found McQuillin trapped in the back seat after the Mustang slammed into a tree. Scott said he believes Wood was driving during the crash. But jurors didn't concur and assigned no blame to Wood. An investigator from the Florida Highway Patrol stated the driver was traveling at 106 mph when the car spun out of control and hit a tree. The posted speed limit was 30 mph. The most moving testimony of the two-day trial came Tuesday from 11-year-old Michael McQuillin, who described what it was like to grow up without a mother. Several members of the jury and Circuit Judge Patricia Thomas appeared to tear up as Michael spoke. The bulk of the damages, $4.4-million, was awarded to Michael. Robert Heyman, the attorney for the county, said he thinks jurors allowed emotions to guide them in deciding their verdict. "We all feel sympathy for Michael McQuillin," he said. "You wouldn't be human if you didn't. The point is, why did this wreck occur?" Heyman presented an expert witness who testified the street was not a hazard because the edge of the asphalt was rounded, and therefore less likely to cause a crash when a car tried to re-enter the road. He argued the fault rested entirely with Deborah McQuillin, who according to an FHP investigation was both drunk and speeding. "It looks as though the jury rewarded a reckless act," Heyman added. "The jurors' decision was not based upon the evidence they were given or the law they were told to follow." Heyman said he plans to speak to county officials to plan a possible appeal. While the $6-million verdict is one of the largest in recent county history, it is dwarfed by the $20-million awarded to Winifred Martin and her husband, James, in 1999 in a suit involving Citrus Health and Rehabilitation Center. Martin lost most of her right leg after a toe infection spread out during a stay at Citrus Health. The verdict was overturned on appeal.
 © 2006 • All Rights Reserved • St. Petersburg Times
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