12 replies to this topic

[kip77]

So what's everyones thoughts on the current lawsuit against Williams Grove?

My opinion... What happened to him was terrible, but also a freak accident. I think it should have been thrown out the minute it was shown this man owns a car that has raced at the track since he was injured. It takes some balls to say a track is too dangerous to race on while fielding a car on said track. If he truly felt it was that dangerous he shouldn't be putting his own driver at that risk.

In the latest article on pennlive he actually testified that he never read the release he signed because he was in too much of a hurry.

Edited by kip77, 17 July 2014 - 07:36 AM.

[The Legend]

It's a joke ... Here's the dirty secret law school doesn't sell you. 75% of graduates never end up practicing law and just wasted their 200k. And law schools are still turning out more . So what you have are a bunch of lawyers sitting around diddling themselves and said lawyers agree to take cases like this on the 5% chance they win and get
To make millions , just like playing the lottery only with much better odds

[Round Robin]

I doubt the car racing there means jack squat, really, but the only leg I see that the guy might have to stand on is the grader he hit that was parked in the wrong place. And that's pretty thin unless he can show that cars regularly go off track in that location where the grader was parked. If the Grove offers any kind of settlement at all he better take it.

[3799]

He did not a grader,

[Davesr14g]

he voted for obama

[flash49]

I love all you armchair lawyers giving the guy legal advice, lol.

[BUTTBEAK]

[turducken]

I doubt the car racing there means jack squat, really, but the only leg I see that the guy might have to stand on is the grader he hit that was parked in the wrong place. And that's pretty thin unless he can show that cars regularly go off track in that location where the grader was parked. If the Grove offers any kind of settlement at all he better take it.

there was no grader, he landed flat bottom in a depression on an access road.  The drop is something 16 feet.

[The Legend]

Sounds like it was correctly tossed out

[3799]

The jury found in favor of Williams Grove today and dismissed the lawsuit filed by John Westbrook.

An eight-man, four-woman jury took about three hours to decide that Williams Grove Speedway in Monroe Township was not liable for injuries Westbrook suffered in a sprint-car racing accident Sept. 5, 2008.

Ruling on the first of a potential seven questions, the jury decided that Westbrook had released Williams Grove from liability when he signed a form before the Friday night race that led to his injuries.

The jury ruled 10 to 2 in favor of Williams Grove.

Edited by 3799, 21 July 2014 - 05:32 PM.

[snooky]

First I feel for the guy BUT it is a dangerous sport. Premise of the suit was that there was no catch fence. Catch fences are intended to keep cars and debris from getting into the stands or pit area. What if a catch fence would have been there and it flung the car back into traffic and caused a more serious crash. Would he then suit because there WAS a catch fence?
Still, the incident and others like it show that there is a need for some catastrophic insurance plan in the event of serious injury (loss of limb, paralysis, etc) for drivers and crew members. Maybe there should be an organization made up of tracks, drivers and crew members that could provide such a thing. IF and its a big IF it could be done for a reasonable stipend it could be something worth considering. Food for thought.

[superdirt]

It is sad when anyone is injured, but blame needs to be placed in the proper place.    These bogus lawsuits can close race tracks down.  The jury was correct on this one.

 

The standard of a catch fence is to protect what is behind the catch fence.  The high majority of race tracks have catch fences only where there are people on the other side.  It is not currently a standard to surround entire tracks with catch fences.    In this case, the track had done what was necessary by the current standards of racing.

 

Unfortunately, Sprint cars are VERY dangerous by nature and more dangerous than most other forms of dirt car racing. The accidents in the past in this division are record of that. So there is a certain level of liablity assumed by the driver the minute they step into a race car.

 

On a sidenote, if a driver feels something on a track is not safe by their own standards (ie not enough catch fence, guardrail etc), they shouldn't participate at that track.  I have seen tracks without ambulances and wonder why any driver would participate there.

[RocketChassis#1]

I agree with snooky & superdirt. I think racers sometimes are there own worst enemies. I was once at a track years ago where the ambulance had to be pushed to be started. Serveral years ago I talked to a car owner who was at Paducah when Jim Dunn was killed. He said there were so many things wrong with what happened that day, from the dust, track conditions, the lack of fire equipment, etc.

Yet they all raced. I often wonder why the sanctioning body behind that race didn't pull the plug, or why the racers/owners just didn't race.  I've seen racers race while the track was too dusty, wet, rough, etc. But on the other side I've also seen a couple tracks that were just to dusty to race on, and the promotors made the correct choise to pull the plug, and at least in one of those instances some fans rioted over it. I guess you just can't win.