Daredevil Adventure Ends In Accident Lakeland, FL

November 22, 2009
By Tania Rivas on November 22, 2009 12:09 PM |

Shawn Gathagan, 25, of Lakeland, FL, had overcome a lot in six years, but it all ended on November 21, 2009.

According to the Lakeland Ledger, Gathagan was long boarding down a hill on Adam Barn Road in Lake Alfred, FL, on Wednesday, November 21, 2009, without a helmet when he began to speed up and lost control. He fell off the board and hit his head, sending him to the hospital. Family members Saturday recalled Gathagan as a daredevil who loved pushing himself to do more.

Gathahagan never graduated from Auburndale High School but worked his way up to a managerial position at the Auburndale Publix, where he trained others, said his mother, Tammy Ellis of Polk City, FL.

"He was a little daredevil," Ellis said. "You name it, he would do it. It didn't stop him."

He had three different surgeries, and recovered within two years. He'd endured two years of testicular cancer and many other complications. He'd also survived a terrible car crash last year.

Vicki Darley, Gathagan's girlfriend of nine years, recalled the day Gathagan got his tattoo, an image of praying hands, and the phrase, "Only the strong." "He got it because he believed that he could survive anything," she said. "He's the strongest person that I know."

Gathagan had begun to raise money for Relay For Life, a nationwide fundraiser started by the American Cancer Society. The Publix where Gathagan was employed is continuing the fundraiser.

Gathagan is survived by his parents, Rickey and Tammy Ellis of Polk City; and sisters Tamara Ellis of Polk City, FL and Sonia Carrell of Lakeland, FL. Funeral services will be Monday at 7 p.m. at the First United Methodist Church in Auburndale.

Donations may be sent to Relay For Life Cancer Program C/O Publix Super Markets, 606 Havendale Blvd. Auburndale, Fla. 33823.

According to Silver Fish Longboarding, Skateboarding in the United States is increasing in popularity. Throughout 2006 Skaters for Public Skateparks (SPS) tracked several aspects of skateboarding activity, including skateboard-related fatalities, as reported in the media, online sources, and other publishing sources. On average, 2006, had nearly one person killed per week while skateboarding; a total of 42 skateboarding youth died while recreating. Of these 42 deaths, 40 occurred outside of skateparks.

As a personal injury attorney, practicing in Polk County, FL, I represent victims who sustain injury on another's property. Premises liability is negligence-based law, which analyzes the condition of the property to determine liability on the landowner. The first step in the analysis, is to determine the victim's status. Was he a trespassee or an invitee? This determines the level of care owed to the victim. In the instant case, this article does not mention whether the incident took place on private property or in a public road. The answer to this question, as well as whether the victim had permission to be on the property will play a great role in determining liability, if any.