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Fans from the Dayton Race track injured

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futura64

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Post Tue Feb 26, 2013 11:32 pm

Re: Fans from the Dayton Race track injured

midwesternsmoke wrote:I think the lawsuit is RIDICULOUS


Of course looking after a family's legal and financial interests is one thing.
Multi-million dollar lawsuits are something entirely different. I'm just not assuming the latter unless and until we hear something different.
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smoke14rulez

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Post Wed Feb 27, 2013 12:42 am

Re: Fans from the Dayton Race track injured

There's an "implied consent"(AFIK) written on the back of most tickets that cover this, I don't see how they'll win...but, these days...who knows?
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HiddenHollow

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Post Wed Feb 27, 2013 8:50 am

Re: Fans from the Dayton Race track injured

midwesternsmoke wrote:Just further evidence that the character of modern society has gone to $hit. People are "sue happy"
And PERSONALLY I think its PITIFUL :x :shock: :?

I agree with you 100%, MWS! Pitiful.
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michaeljohn

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Post Wed Feb 27, 2013 11:09 am

Re: Fans from the Dayton Race track injured

i personally dont have a problem if the injured asked if their medical bills got covered, that is only fair..
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BlackFlag

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Post Wed Feb 27, 2013 11:44 am

Re: Fans from the Dayton Race track injured

I agree. The lawsuit is ridiculous. I doubt it was the idea of the fans themselves. I'm sure once their names got out, they were swamped with calls from all the sleazy ambulance chasers in central Florida who put dollar signs in their eyes. Also figuring their dumpy law firm will get some publicity out of it, if nothing else.
I go to a race knowing anything can happen. I'd rather die getting hit by a tire than sitting on the toilet like Elvis.

(I'm still trying to figure out how you get hit with something that weighs 75 pounds and still be alive??)
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smoke14rulez

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Post Wed Feb 27, 2013 12:03 pm

Re: Fans from the Dayton Race track injured

...interesting article about the "what ifs" and legal B.S. ...

ORLANDO, Fla. (AP) — The attorney for three NASCAR fans injured last weekend during a race the day before the Daytona 500 says they are exploring a possible lawsuit, but some experts say they could face tough obstacles in winning damages.

Matt Morgan, the Orlando-based lawyer for the fans, said at a news conference Tuesday than any suit would focus on the safety fence used along the track at Daytona International Speedway. He said he hopes to reach a settlement with NASCAR to avoid a lawsuit.

More than 30 people were injured last Saturday after a horrific wreck in a second-tier NASCAR series race sent chunks of debris, including a heavy tire, into the stands. Morgan declined to provide the identities of his clients, but said two of them were seated directly in front of the crash and sustained injuries ranging from a fractured fibula to abdominal swelling. All have been released from the hospital.

Some experts say there could be grounds for a lawsuit, and that courts have looked past liability waivers written on the backs of sporting event tickets. Others maintain the ticket is a legal contract that could be hard to overcome in court.

``Ultimately, I believe it would be gross negligence,'' Morgan said. ``We all know that when you go to a race you assume a certain amount of risk. But what people don't assume is that a race car will come flying into the stands... That's why they make the fences.''

Asked to comment on the fans' retention of a law firm, NASCAR spokesman David Higdon wrote in a statement, ``We are unaware of any lawsuits filed.''

Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company. Spokesman Andrew Booth said, ``As per company policy, we do not comment on pending litigation.''

Donnalynn Darling, a New York-based attorney who has been practicing personal injury law for 30 years, said there is a theory that a spectator who buys tickets to a sporting event assumes the risk of objects coming out of the field of play, such as a foul ball at a baseball game.

But she said there is also a foreseeable risk question that promoters of events also accept.

``Did the sporting event promoter take action to prevent that specific risk?'' Darling asked. ``In terms of this fence...it was put up to prevent people from being hurt. You have people who were not only injured by falling debris, but by the failure of the fence.''

Others say such restrictive clauses on the back of tickets are generally disfavored by Florida courts.

``If it's just something written on the back of the ticket and not called to the attention of the person purchasing, there's reason to believe many courts in Florida won't hold that they consented efficiently,'' said University of Florida emeritus law professor Joseph Little.

Still, Paul Huck, an adjunct professor at the University of Miami School of Law, said contract law could take precedence.

``A ticket to one of these events is like a contract - and its provisions limiting liability are generally enforceable,'' he said. ``We enter into these types of contracts on a regular basis, and we often don't give it a second thought that we may be limiting or even giving up certain legal rights when we do so.''

Darling also said that the fence's manufacturer at Daytona would likely be ``very much responsible'' because of it being foreseeable that debris could go through a fence that has holes in it.

That seems to be theory that Morgan is adopting. He referenced a 2009 crash at NASCAR's racetrack in Talladega, Ala. in which a car that launched into the catch fence sent debris into the stands and injured several fans.

``At that point in time a group of engineers got together and they said `It's time for us to manufacture a safer fence,''' Morgan said. ``To my knowledge, that was done. But what we have to investigate at this point in time is what was done...If you can ever point to monetary considerations being put ahead of people, then there's a big problem.''

Darling predicted that NASCAR would try to settle with the injured fans.

NASCAR ``had an obligation to protect the fans that are so loyal, and it is bad from a public relations standpoint,'' Darling said. ``So they're going to do something.''

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AP Auto Racing writer Jenna Fryer contributed to this report.
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HTower

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Post Wed Feb 27, 2013 12:27 pm

Re: Fans from the Dayton Race track injured

Pretty sure this will get settled out of court. NASCAR and DIS will likely want to avoid an investigation by the plaintiffs into if the fence failed to perform adequately and what that failure would mean in terms of damages.

I'm sure NASCAR and every race track are covered by insurance up to their eyeballs. Insurance premiums will go up, and we may even see some changes made at the track. Fans kept from approaching the fence, a redesigned gate in the fence or having it eliminated, and maybe even a higher fence after having the tire thrown over the top of the fence.
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ndunn

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Post Wed Feb 27, 2013 1:54 pm

Re: Fans from the Dayton Race track injured

BlackFlag wrote:I agree. The lawsuit is ridiculous. I doubt it was the idea of the fans themselves. I'm sure once their names got out, they were swamped with calls from all the sleazy ambulance chasers in central Florida who put dollar signs in their eyes. Also figuring their dumpy law firm will get some publicity out of it, if nothing else.
I go to a race knowing anything can happen. I'd rather die getting hit by a tire than sitting on the toilet like Elvis.

(I'm still trying to figure out how you get hit with something that weighs 75 pounds and still be alive??)


The two Michigan people that were hit the man was hit in the face with a cut over his eye that took 30 stitches to close. The wife was hit in the mid section and also the arm had a cut that required 30 stitches. They were in critical condition until the next day. At first they thought the man had broken bones but he didn't. There has not been an update in their home newspaper that I could find. Monday they were listed as stable.
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michaeljohn

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Post Wed Feb 27, 2013 5:45 pm

Re: Fans from the Dayton Race track injured

^^^^ and were they not the two who sat on the second level up? in all seriousness whether u like lawsuits or not, unless it say on the back of the ticket, you could be injured at a race from flying parts, they are gonna have to pay, if you go to a hockey game, it will say that the team and venue are not liable if a fan gets injured and person agrees to term when buying or using ticket for admission
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futura64

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Post Wed Feb 27, 2013 6:29 pm

Re: Fans from the Dayton Race track injured

Watch Race Hub on Speed at 6:00 pm et. Humpy Wheeler will be on to discuss this matter. In 1999 I believe it was a rear tire/wheel/half-shaft combo got into the stands and killed three and injured a number of other fans from an Indycar race. He'll talk about the aftermath of that accident from a liability standpoint.
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Rochelle

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Post Wed Feb 27, 2013 8:53 pm

Re: Fans from the Dayton Race track injured

The blurb on the backs of tickets is meaningless. It's not binding, it's not signed and you don't get the ticket till you've already paid for it. It's there cause most people believe what it says. That's what I was taught in my Business Law class in college.

CMS paid out between 10-15 million for that Indy car lawsuit.

I don't like people who file the frivolous lawsuits, but if any of them are not covered by medical insurance, I feel their medical bills should be paid. Once you get the lawyers involved, there goes most of any money you may get. I have no doubt that injury lawyers were crawling over that hospital in no time. And yes, I mean crawling.
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wolfgang

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Post Wed Feb 27, 2013 10:05 pm

Re: Fans from the Dayton Race track injured

futura64 wrote:Watch Race Hub on Speed at 6:00 pm et. Humpy Wheeler will be on to discuss this matter. In 1999 I believe it was a rear tire/wheel/half-shaft combo got into the stands and killed three and injured a number of other fans from an Indycar race. He'll talk about the aftermath of that accident from a liability standpoint.

Humpy Wheeler was my favorite track promoter while with Nascar and he's one of the few i still listen to today.Thanks for the info.
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michaeljohn

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Post Thu Feb 28, 2013 1:57 am

Re: Fans from the Dayton Race track injured

i only brought the ticket thing up, because in the mid 90's someone tried to sue the flyers for gettin hit by a puck, and it want much of a trial because of that disclaimer...
I will miss you Frehley........
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midwesternsmoke

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Post Thu Feb 28, 2013 7:34 am

Re: Fans from the Dayton Race track injured

wolfgang wrote:
futura64 wrote:Watch Race Hub on Speed at 6:00 pm et. Humpy Wheeler will be on to discuss this matter. In 1999 I believe it was a rear tire/wheel/half-shaft combo got into the stands and killed three and injured a number of other fans from an Indycar race. He'll talk about the aftermath of that accident from a liability standpoint.

Humpy Wheeler was my favorite track promoter while with Nascar and he's one of the few i still listen to today.Thanks for the info.


"Humpy" is DA BOMB!!! He made the infield at Charlotte into a Circus atmosphere. One year he even had elephants in the infield. I personally think Bruton Smith f#(ked up when he threw "Humpy" to the curb..... :shock:
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ndunn

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Post Thu Feb 28, 2013 12:26 pm

Re: Fans from the Dayton Race track injured

michaeljohn wrote:^^^^ and were they not the two who sat on the second level up? in all seriousness whether u like lawsuits or not, unless it say on the back of the ticket, you could be injured at a race from flying parts, they are gonna have to pay, if you go to a hockey game, it will say that the team and venue are not liable if a fan gets injured and person agrees to term when buying or using ticket for admission


Yes Michael they were in the second level. They both must be doing okay as they haven't had an update in their home town paper. They had family traveling to see them on Monday.
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