69 replies to this topic

[FanJim24]

But the All Stars are not a Late Model sanction, and their owner is Tony Stewart, who owns Eldora, which is part of the suit.

Right, but I was responding to a post about the further ramifications.  I also mentioned Lucas, because they are a late model tour sanction.  

From the article linked in the OP it looks like the only thing Eldora is on the hook for is the scale.  Tony can write a check out of petty cash to cover the difference in winnings from weight disqualifications, but as far as the race in question, it would hinge on the outcome of the tire disqualifications.  Why pay to rectify an improper weight DQ if the driver would have also been DQ'd for tires? The majority of the suit is aimed WRG, and their hard line stance on questionable "benchmark" infractions.  

WRG should be very afraid of this going to a jury.  It could have serious ramifications on their tire kickbacks.  

Edited by FanJim24, 31 August 2016 - 09:23 PM.

[714d]

Right, but I was responding to a post about the further ramifications.  I also mentioned Lucas, because they are a late model tour sanction.  

From the article linked in the OP it looks like the only thing Eldora is on the hook for is the scale.  Tony can write a check out of petty cash to cover the difference in winnings from weight disqualifications, but as far as the race in question, it would hinge on the outcome of the tire disqualifications.  Why pay to rectify an improper weight DQ if the driver would have also been DQ'd for tires? The majority of the suit is aimed WRG, and their hard line stance on questionable "benchmark" infractions.  

WRG should be very afraid of this going to a jury.  It could have serious ramifications on their tire kickbacks.  

The weight DQ and the tire DQ were 2 different events.

[FanJim24]

The weight DQ and the tire DQ were 2 different events.

OK.  I wasn't sure.  Thanks for clarifying.  In that case, Eldora should just pay Bloomquist and apologize.  It will be much less expensive in the long run, and the right thing to do.

Edited by FanJim24, 01 September 2016 - 07:24 AM.

[Toolbox3]

How was Bloomer they only dq'd one for being lite? All others crossed ok! Maybe he'd should have weighed it earlier😂

[pudnats]

I am pretty sure only top 3 at finish get scaled...

[Toolbox3]

Ok 2 out of 3 weighed ok

[Vigoda Motorsports]

I must be behind, but I thought the WRG ban was overturned. Asking because I see Satterlee will be at Bedford and Port Royal this weekend rather than Lernerville.

[Tommy]

I must be behind, but I thought the WRG ban was overturned. Asking because I see Satterlee will be at Bedford and Port Royal this weekend rather than Lernerville.

Ban was never overturned, they all appealed before the firecracker and that gave them the choice to run WoO/UMP/WRG races until the appeal was heard. After the firecracker the appealed was denied, and the suspension of the five drivers was upheld. The five drivers and teams can not run a WoO/UMP/WRG race til the suspension is up after the World 100.

Another note: during the appeals process, they changed the time of the suspension from months to weeks for future cases.

[sdrcr]

Just give them a few more years and dirt track racing will be ruined just like nascar too much political bs

[FanJim24]

How was Bloomer they only dq'd one for being lite? All others crossed ok! Maybe he'd should have weighed it earlier

But it doesn't matter.  The scale was found to be out of calibration.  His lawyer will eat Eldora up in court.  Apologize and pay the man, save the court costs, and be done with it.  

[Chad's Dad]

From the rule book.

 

"Finality of Interpretation and Application – The interpretation and application of the Rules by Officials at the event shall be final and non-appealable, except as provided in Section(s) 11 and 12 of the rulebook herein. ALL MEMBERS, INCLUDING COMPETITORS AND OFFICIALS, EXPRESSLY AGREE THAT DETERMINATIONS BY WORLD RACING GROUP OFFICIALS AS THE APPLICATION AND INTERPRETATION OF THE RULES ARE NON LITIGABLE, AND THEY COVENANT THAT WILL NOT INITIATE OR MAINTAIN LITIGATION OF ANY KIND AGAINST THE WORLD RACING GROUP OR ANYONE ACTING ON BEHALF OF THE WORLD RACING GROUP, TO REVERSE OR MODFIFY SUCH DETERMINATIONS OR TO RECOVER DAMAGES OR TO SEEK ANY OTHER KIND OF RELIEF AS A RESULT OF SUCH DETERMINATIONS, UNLESS THE OFFICIALS MADE SUCH DETERMINATIONS FOR NO PURPOSE OTHER THAN A BAD FAITH INTENT TO HARM OR CAUSE ECONOMIC LOSS TO THE MEMBER, COMPETITOR OR OFFICIAL. IF THE MEMBER, COMPETITOR OR OFFICIAL INITIATES OR MAINTAINS LITIGATION IN VIOLATION OF THE COVENANT, THAT MEMBER, COMPETITOR OR OFFICAL AGREES TO REIMBURSE WORLD RACING GROUP FOR THE COSTS OF SUCH LITIGATION, INCLUDING ATTORNEY’S FEES. EACH MEMBER, COMPETITOR OR OFFICIAL FURTHER COVENANTS THAT IN ANY LITIGATION BROUGHT AGAINST WORLD RACING GROUP FOR ANY REASON, IF THE LITIGATION IS NOT DISMISSED PURSUANT TO THIS COVENANT THE MATTER WILL BE TRIED BEFORE A JUDGE OF COMPETENT JURISDICTION AND HEREBY WAVES ANY RIGHT TO TRIAL BY JURY IN SUCH ACTION."

[jo73]

Read the last line. judgement will be in the hands of a Judge, not a jury, A judge reads that clause and he asks if you read and understood it. I don't think they will be debating the matter very long.

[D1RT]

Read the last line. judgement will be in the hands of a Judge, not a jury, A judge reads that clause and he asks if you read and understood it. I don't think they will be debating the matter very long.

Do you think these drivers and owners are some podunk backwoods hillbilly's?? 

Some of them have large and successful businesses that probably have some extremely good legal counsel behind them that looked over this issue long before it was filed.

[jo73]

D1RT. if so then why is it a firm from NY state filling this lawsuit ? It will be interesting to see what the outcome of this mess is going to be.

[racer67x]

OK.  I wasn't sure.  Thanks for clarifying.  In that case, Eldora should just pay Bloomquist and apologize.  It will be much less expensive in the long run, and the right thing to do.

the difference in payment for Bloomer that weekend was $98,000.00,he won $100 grand and after being found 17 pounds light was paid 2 grand for last.
I'd have been pissed off too....then what do you do,leave the $100 grand go you already paid to the second place finisher?
that would be tough for even Tony to eat I'll bet.

it truly is a mess..

[Toolbox3]

17 lbs lite sorry but the other 2 cars were legal maybe even next 3 were legal! Give the man some cheese and crackers at best!!!!!!!!!!

[highsidejones]

Why was Bloomer paid anything at all if dq'd?

[FanJim24]

the difference in payment for Bloomer that weekend was $98,000.00,he won $100 grand and after being found 17 pounds light was paid 2 grand for last.
I'd have been pissed off too....then what do you do,leave the $100 grand go you already paid to the second place finisher?
that would be tough for even Tony to eat I'll bet.

it truly is a mess..

But again, Eldora doesn't have a case.  The scale was out of calibration, and fluctuating.  Eat the $98,000, or go to court and pay that, court costs, damages and whatever else a lawyer can tack on, plus lose the damage control, publicity war.  It's easier to do damage control when you are seen wanting to rectify the situation than if you take a hostile stance, and then even if you win, you lose.  

[dirtstudent2]

All this does not take into account the hidden helium balloons in his car which he automatically fills up during the race to lighten his car.  The real reason for being light is not a defective scale but him forgetting to deflate and release all the helium from hidden balloons and inside chassis tubing.  They also may of mistakenly put helium in the tires instead of nitrogen.  

[RocketChassis#1]

Then every local track that has scales, should dump a can of gas on them and toss a match because they are worthless. I always felt when you come in the gate and sign any entry, or just show up, you agree to run by that tracks rules. Good or bad, you shouldn't have any recourse period. What's next taking tracks to court over judgement calls? Jump the start, I'll sue. Get jumped on the start, I'll sue. If these drivers win this suit it will end racing as we know it.

 

But again, Eldora doesn't have a case.  The scale was out of calibration, and fluctuating.  Eat the $98,000, or go to court and pay that, court costs, damages and whatever else a lawyer can tack on, plus lose the damage control, publicity war.  It's easier to do damage control when you are seen wanting to rectify the situation than if you take a hostile stance, and then even if you win, you lose.