My Ongoing Tribute to the Greatest NASCAR Driver Ever

Dale Earnhardt

* please wait for all the graphics to load *

Photo dispute settled in favor of Earnhardt family

By Dave Rodman, Turner Sports Interactive
March 16, 2001
7:18 PM EST (0018 GMT)

DAYTONA BEACH, Fla. - Teresa Earnhardt scored a major victory for a family's right to privacy Friday with the resolution of a dispute with the Orlando Sentinel and other media entities over viewing the late Dale Earnhardt's autopsy photographs.

Teresa Earnhardt, the late seven-time NASCAR Winston Cup champion's wife, and her legal team and representatives of the Sentinel agreed to the settlement mediated after nearly 18 hours of negotiations over two days.

Through the terms of the agreement, Volusia County Circuit Court Judge Joseph Will will appoint Daytona Beach attorney John J. Upchurch, who served as mediator in the case, as a "special master to supervise and report on an independent expert review of the autopsy photographs and videotape of Mr. Earnhardt."

Following that review, per Judge Will's order, the photographs and videotape of Earnhardt's autopsy "are to be totally and permanently sealed in the most secure manner possible, and the medical examiner shall be permanently enjoined from ever allowing anyone to view or copy them."

Dale Earnhardt was killed instantly in an accident in the final turn of the Daytona 500 on Feb. 18. Earnhardt's autopsy was conducted a day later and it was determined that a basal skull fracture killed him. Teresa Earnhardt sued Volusia County to seal the autopsy file on Feb. 22.

The Sentinel became the leader in a lawsuit that was enjoined by the Miami Herald, Chicago Tribune, Los Angeles Times and Tampa Tribune newspapers; WFLA-TV Channel 8, an NBC affiliate in Tampa, Fla.; and Michael Uribe, the owner of a Web site based in DeLand, Fla. -- websitecity.com.

Additionally, the court ruled that the hearing on the case scheduled for Monday would be continued to an indefinite time in the future. Uribe joined the media suit on Tuesday, March 13. Court papers said Uribe has not been clear in his intentions for joining the action, but that "Uribe has left the distinct impression on this court that it is his intention to distribute the data by means of the Internet."

The Sentinel had hired what it cited as a "medical expert" and claimed it wanted its representative to view the autopsy photographs to conclusively determine the cause of Earnhardt's death in the interest of the future safety of NASCAR racing. It never intended to publish the photos, the paper said.

The settlement agreement stated, "At the suggestion of the Sentinel and with the concurrence of Mrs. Earnhardt, the special master will select within seven days a competent independent expert in the field of automotive biomechanics, who shall be a medical doctor, to examine the photographs and videotape of Mr. Earnhardt's autopsy."

The order said the issues to be addressed by the review were "the cause of death of Mr. Earnhardt; whether the basal skull fracture resulted from head whip or striking the steering wheel; and whether Mr. Earnhardt suffered a blow to the top of the head."

In his order Judge Will, citing the importance to Teresa Earnhardt that "no more time than necessary be spent reviewing the photographs," wrote that is anticipated that "no more than 30 minutes will be required" to review the evidence.

Upchurch has been charged with filing reports on the review to all appropriate parties, at which time the autopsy file will be sealed.

A statement released Thursday morning as the mediation session opened from Teresa Earnhardt echoed the widow's fears that her husband's photos would soon reach the public and cause "permanent distress" to her family.

"We are disheartened by the growing number of media and individuals, including a Web site, that have joined the Orlando Sentinel in its quest to gain access to the autopsy photos," the statement read in part. "I have asked my legal representatives to be open-minded and approach today's mediation session in good faith."

Legislation is currently before the Florida House of Representatives and Senate that would prohibit access to autopsy files.

The continuance document, Uribe said, had stated no urgency in his need for a resolution. Therefore, since Uribe also skipped the second day of the mediation session, the court "cannot in good conscience rush to judgment in a matter which is likely to be resolved with remedial effect by the legislature within the reasonably foreseeable future."