Former Baywalk owner settles with family of boy nearly killed by speaker that fell on his head

ST. PETERSBURG, Fla. - Josiah Wineberger was nearly killed when a speaker fell on his head three years ago at the Baywalk entertainment complex. His family has finally settled a lawsuit filed against the establishment some time ago.

Josiah danced to Michael Jackson in the home his parents, John and Zenaida Wineberger have been renting. He played with his siblings and looked like any normal 6-year-old. But Josiah can't comprehend consequences and bad behavior.

"He doesn't understand that if you light a match, something bad could happen when you light a match," said John.

The Winebergers said the part of Josiah's brain that deals with cognitive thinking is gone because of the injuries he sustained in the 2007 accident. Those injuries have left him living a life unlike many first-graders.

"He sees therapist three times a week including a behavioral therapist, he sits with two specialized professionals at school and he's going to need care for the rest of his life," said Zenaida.

John said all their family has wanted in the last three years is to secure Josiah's future with the treatment and care he will need.

The Winebergers could not comment on the specifics of the settlement because of a confidentiality agreement.

The Sembler Company, which ran Baywalk at the time, did not return any calls for comment.