69 replies to this topic

[racer67x]

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.
 

or maybe it'll put an end to playing favorites and changing rules on the fly because they don't like the outcome..or it doesn't benefit the track employees or owners.

I can think of a few grand taken from me by "judgement calls" that I'd have liked to have had.

[FanJim24]

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.

 

How about calibrating the friggen scales at reasonable intervals?  The problem Eldora has is that the scales weren't just off, they were off differently each time.  

[FanJim24]

or maybe it'll put an end to playing favorites and changing rules on the fly because they don't like the outcome..or it doesn't benefit the track employees or owners.

I can think of a few grand taken from me by "judgement calls" that I'd have liked to have had.

This  ^.  

 

Locally, some drivers can wreck and spin other cars at will, but let the guys who aren't known for that race too hard and get into each other and watch the black flag fly.  

[LM RACING]

How about calibrating the friggen scales at reasonable intervals?  The problem Eldora has is that the scales weren't just off, they were off differently each time.  

Scales will read differently based on car position if you are using 4 scales. Not sure of the type they have but that could have something to do with it.

[dirtstudent2]

Scales will read differently based on car position if you are using 4 scales. Not sure of the type they have but that could have something to do with it.

 

If the scales can handle the weight, don't have a mechanical problem and are calibrated, unless weight is positioned at an extreme like on the edge not even completely on the scales, location differences will not matter.

 

I have been certified in the State of Ohio to work on and calibrate electronic scales.  I took and passed the test to become certified among the hundred or so other certifications i'v had over my working years.  Below I put the search results on Ohio for certified scales and Eldora does not come back as having certified scales.  Not rehashing old bull but if the racers are private contractors and scale requirements are not spelled out in the contract, then there can be no balancing of justice because there is nothing to decide.

 

  http://www.agri.ohio...ex.aspx?type=vs

 

How can you claim Eldora's scales are off if the scales are not required to be certified or have been certified by the State of Ohio?  Maybe that's a reason to go to court somewhere other then in Ohio or  is WRG or Eldora maybe incorporated in New York?  How can you take someone to court in a state other then the state where the harm occurred?  I asking because I ain't no lawyer and don't know..    

[jo73]

The law firm can be from any state. The case will be held in Ohio. They can negotiate and come to a settlement without ever having to leave new york.

[Hovlane]

 

If the scales can handle the weight, don't have a mechanical problem and are calibrated, unless weight is positioned at an extreme like on the edge not even completely on the scales, location differences will not matter.

 

I have been certified in the State of Ohio to work on and calibrate electronic scales.  I took and passed the test to become certified among the hundred or so other certifications i'v had over my working years.  Below I put the search results on Ohio for certified scales and Eldora does not come back as having certified scales.  Not rehashing old bull but if the racers are private contractors and scale requirements are not spelled out in the contract, then there can be no balancing of justice because there is nothing to decide.

 

  http://www.agri.ohio...ex.aspx?type=vs

 

How can you claim Eldora's scales are off if the scales are not required to be certified or have been certified by the State of Ohio?  Maybe that's a reason to go to court somewhere other then in Ohio or  is WRG or Eldora maybe incorporated in New York?  How can you take someone to court in a state other then the state where the harm occurred?  I asking because I ain't no lawyer and don't know..    

When you have Defendents from multiple states, It's called (Diversity of Juristiction) In this case The State of Ohio, Indiana and North Corolina. So it was filed in United States Federal  Court which has Juristiction over such cases involving multiple states. The State of New York's court system has absolutley nothing to do with this case. The case was filed in US Federal court Northern District which just happens to be physically located in New York. In Federal courts all Filings, Briefs ect.... can be filed electronically so it's not really a issue.

Edited by Hovlane, 04 September 2016 - 03:23 PM.

[FanJim24]

But again, it's not about jurisdiction.  The scales were shown to be inaccurate and inconsistent.  If Bloomquist wins, Eldora has damage control and reputation problems.  If they settle out of court they can do damage control in the offseason and no one will remember it in the spring. 

[Hovlane]

But again, it's not about jurisdiction.  The scales were shown to be inaccurate and inconsistent.  If Bloomquist wins, Eldora has damage control and reputation problems.  If they settle out of court they can do damage control in the offseason and no one will remember it in the spring. 

Just trying to answer the question he had about why that court was chosen to file the suit. Nothing more. The only sure thing that comes out of this law suit is......The attorneys get paid. 

[racefan62]

This might help a few out:

 

Bloomquist et al v. World Racing Group, Inc. et al

 

Filed: August 24, 2016

as 1:2016cv01034

 

Plaintiff: Scott Bloomquist , Jimmy Owens , Gregg Satterlee and others

 

Defendant: World Racing Group, Inc., UMP DIRTcar Racing, Eldora Speedway and others

 

Cause Of Action: Diversity-Libel,Assault,Slander

 

Court: Second Circuit › New York › New York Northern District Court

 

Type: Torts - Injury › Assault Libel & Slander

 

Bloomquist et al v. World Racing Group, Inc. et al

Plaintiff: Scott Bloomquist, Jimmy Owens, Gregg Satterlee, Gary Satterlee, William G. Satterlee & Sons, Inc., Brandon Sheppard, R & W Motorsports LLC, Ricky Thornton, Jr., Best Performance Motorsports, LLC and JR. Motorsports, LLC

 

Defendant: World Racing Group, Inc., UMP DIRTcar Racing, Eldora Speedway and Tony Stewart

 

Case Number: 1:2016cv01034

 

Filed: August 24, 2016

 

Court: New York Northern District Court

 

Office: Albany Office

 

County: Rensselaer

 

Presiding Judge: Mae A. D'Agostino

 

Referring Judge: Daniel J. Stewart

 

Nature of Suit: Assault Libel & Slander

 

Cause of Action: 28:1332 Diversity-Libel,Assault,Slander

 

Jury Demanded By: None