Critchley/AMS lawsuit (1 Viewer)

[DCM]

AMS will have to be in the lawsuits, as they are probably the deepest pockets with coverage.

I seriously doubt Critchley has liability coverage for this incident. By the same token, if the charity purchased a policy, I wouldn't expect it to be beyond $1M policy, which is not a lot to cover 6 fatalities. Even then, their carrier could [perhaps] argue gross negligence, which could negate their coverage.

I am not as familiar with TN law as some other nearby states, but governmental entities usually have their liability limited by statute [in NC it is around 200k], or are often immune.

Not a good situation for the potential defendants, or the plaintiffs.

Disclaimer: I know that most of the above post is speculation, I have NO firsthand information on this particular incident. But I don't think I'm too far off either.

 

[Al smith]

didn't the victims move closer to the highway after the police pushed the crowd back? if they did and it can be proved in court, wouldn't they themselves share a large portion of responsibility?

 

[Nitrohaulic]

Due to negligence (which will be proven)

Nostradamus, you are.

If my children were there as guests and they were injured/killed by a drag race vehicle I would be pissed/saddened and go after each and everyone of those involved....And everyone here would probably do the same...

It's time for a repeat of the story of Buzzz Miller breaking his back on a weightlifting device and only accepting that his medical bills be paid. Like he said, life is supposed to be painful.

There's just a line between accident, intentions, and the definition of negligence that's highly variable from person to person. I don't know how you determine that his life was worth $10 million. I always say that what determines the value of anything is what a seller and buyer agree on. What dollar amount would he have accepted if his son were still alive?

 

[Nitrohaulic]

didn't the victims move closer to the highway after the police pushed the crowd back? if they did and it can be proved in court, wouldn't they themselves share a large portion of responsibility?

(I never thought I'd do this on a thread) Ding! Ding! Ding!

 

[Nitrohaulic]

AMS will have to be in the lawsuits, as they are probably the deepest pockets with coverage.

I seriously doubt Critchley has liability coverage for this incident. By the same token, if the charity purchased a policy, I wouldn't expect it to be beyond $1M policy, which is not a lot to cover 6 fatalities. Even then, their carrier could [perhaps] argue gross negligence, which could negate their coverage.

I am not as familiar with TN law as some other nearby states, but governmental entities usually have their liability limited by statute [in NC it is around 200k], or are often immune.

Not a good situation for the potential defendants, or the plaintiffs.

Disclaimer: I know that most of the above post is speculation, I have NO firsthand information on this particular incident. But I don't think I'm too far off either.

All I know is the statute of limitations is one year for criminal, two for civil.

If a judge knows there were five other fatalities, could or should they hold a case/judgement up? When six got killed at the same time, should one be able to get "his" first? I wouldn't be surprised if a settlement is still negotiated between all parties.

 

[Nitrohaulic]

didn't the victims move closer to the highway after the police pushed the crowd back? if they did and it can be proved in court, wouldn't they themselves share a large portion of responsibility?

For some odd reason, and I've never thought to bring it up before, Bristol does the same thing. The cops there won't allow you to stand up against the fence (!) near the starting line on the spectator side. They continually make people get away from it, and people constantly move back up. I guess they should put up a........FENCE?!?!

 

[Larry]

I for one won't hang Troy or anyone till the verdict comes in.
A drag race driver said he thought the the throttle hung up [ not uncommon on Methanol powered cars] and the car accelerated for nearly two hundred feet when it was to be no more than sixty feet on the burnout.
Troy hit a light pole before careening into the crowd.
You see the CC's spraying those butterfly's because they are trying to keep them free of ice.
To be sure I don't approve of the way it was done but I'm not ready to hang a fellow racer and a sponsor who has stepped up to give fans many hours of good racing.
Lawsuits and slip and fall lawyers are always involved in any accidental mishaps and it is a sad thing for all involved.

 

[DCM]

If a judge knows there were five other fatalities, could or should they hold a case/judgement up? When six got killed at the same time, should one be able to get "his" first? I wouldn't be surprised if a settlement is still negotiated between all parties.

Theoretically, the judge would not have to consider any other plaintiffs. In reality, I would think that most of these cases will be settled simultaneously.

As for whether the "crowd" is at fault. IIRC TN is comparative negligence, so a jury would have to find that the plaintiff was more than 50% at fault to prevent them from recovering.

You also must consider the age of the plaintiffs. In many jurisdictions, if you are below a certain age [i.e. a child], a jury cannot find that you were negligent and caused your own injury. In that case, even if a defendant is found 1% at fault, they owe you.

Keep in mind that not only are there fatalities, but there are numerous other people that were injured, broken bones, etc. They will all have claims as well.....


Disclaimer: I am not a lawyer, nor do I play one on TV......

 

[James]

When was the last time,if ever,Critchley crashed ON the drag strip?

 

[john]

David, it sounds like you stayed at a Holiday Inn last night.

 

[rocketman]

This is no surprise what so ever. What is surprising is that no time was wasted at all in filing these lawsuits. This has become quite a big bruhaha with the press, especially in Tennessee where they are looking at every angle. They even came out with a story that AMS had to pay fines involving buisness conducted in Tennessee which nothing to do with this. Another story accuses Critch of going into hiding. Another one is should car and air shows be banned? You can see where it's all going. What an absolute horrible situation and mess this is for everyone.

 

[Johnny Mopar]

If the law suits don't put AMS out of business the lawyers to defend themselves will. NO Winner but the lawyers. Money will not bring back the lost souls and the families will hurt forever. NHRA I think only have a year to year contract with AMS. I am sure they would like to put some distance between themself and AMS at this point. I would not be shock to see Pro Mod go away unless somebody steps up to sponsor the whole thing like AMS has done.

The real shame is the people that work through AMS Staff Leasing that may lose their jobs when or if the company goes under. They had nothing to do with the cars or the event and yet they will also be a victim of this tragic event.

Very Sad.

Good point Wayne. It would be wise of NHRA to cut all ties with AMS...immediately. Any association with AMS will link NHRA (indirectly) to the legal process. There is no value to NHRA to continue the limited series. It's a case of "guilt by association".

 

[ProStockJunkie]

AMS did not cause the accident...but they chose to display their colors w/ some people that caused the accident....

And every single spectator chose to stand there and watch.

Yes Terry, life is all about choices. Everyone makes them. Everyone is accountable for the ones they make.

Why not just wait and see how all of this plays out before casting stones, eh?
I'm quite sure there will be enough blame to go around in this tragedy.

 

[Johnny Mopar]

And I'd be willing to bet that every other sponsor of an NHRA drag team is looking at this and thinking "Can we really be held liable for one of our sponsored driver's negligence, just because our company's name is on the side of the car?"

This could have far reaching implications to all future sponsorship contracts. Bottom line, if a race car with a large company's logo all over it gets into any liable situation, the lawers are going to go after the company with the biggest logo on the car first. What a shame...

J.C....you are absolutely correct. This horrific event will reach deep in to our sport. Six lost lives is just an unbelievable tragedy.

 

[BlueStangGT]

...Due to negligence (which will be proven) many lives were interrupted due to the events held by that non-profit charity....

Negligence on whose part? The organizer for producing the event? The local authorities for not providing more barriers? The driver of the vehicle? The sponsors of said vehicle? The crew that turns the wrenches on the vehicle? The spectators for not staying where the police put them to begin with?

If my children were there as guests and they were injured/killed by a drag race vehicle I would be pissed/saddened and go after each and everyone of those involved....And everyone here would probably do the same...

I believe there's a bunch of folks here who would prefer to not be pigeon-holed by you into this litigious group, including me.

And after seeing the video it is very obvious that the driver stayed on the throttle way too long.....

Well thank you for the grand insight, omniscient one. You ever consider the possibility of the throttle hanging? If so and it was due to a failed part, how about a slice of liability pie for the manufacturer of the failed part? I mean, what the hell... as long as we're looking for someone to blame we may as well dig deep, right?

When was the last time, if ever, Critchley crashed ON the drag strip?

James - I can't be sure of his most recent incident prior to the Selmer accident but I know for sure he wrecked at Dragstock II at Carolina Dragway in Sept. 2005. I happened to be at that race.

 

[Toejam]

Terry Jones you seem all to willing to sue anybody! And the fact that you Claim(?) to be a Drag racing fan should scare the Hell out of all of us! The next time I hear about some lawsuit involving this sport I'm expecting to see your name on it....

 

[Nitrohaulic]

What's ridiculous are the personal opinions, including those stating what others here would do, stated as fact. I don't know why I even got out of bed this morning without calling Terry first to see if it was okay to do so. I guess I'm just lucky to be alive!

The guy doesn't bother to apologize or even reply when you specifically point out where he's full of it, so he's gotta have something psychological going on. Why would you not feel humiliated?

 

[Don]

Terry Jones you seem all to willing to sue anybody! And the fact that you Claim(?) to be a Drag racing fan should scare the Hell out of all of us! The next time I hear about some lawsuit involving this sport I'm expecting to see your name on it....

Didn't he say his wife was a lawyer?

If so,,,that's all you need to know.

He probably was supporting the guy in DC that was sueing 54 mil for the cleaners losing his pants

 

[Nitrohaulic]

Didn't he say his wife was a lawyer?

If so,,,that's all you need to know.

He probably was supporting the guy in DC that was sueing 54 mil for the cleaners losing his pants

I think he documented something like 1,400 hours working on that, or nearly 3/4 of a year if it was 40 hours a week. I've got principles and all but.....?

 

[Rajunz]

Nostradamus, you are.




It's time for a repeat of the story of Buzzz Miller breaking his back on a weightlifting device and only accepting that his medical bills be paid. Like he said, life is supposed to be painful.

There's just a line between accident, intentions, and the definition of negligence that's highly variable from person to person. I don't know how you determine that his life was worth $10 million. I always say that what determines the value of anything is what a seller and buyer agree on. What dollar amount would he have accepted if his son were still alive?

Couldn't agree more. I got rear ended by a guy going 60 mph, I was doing 5mph, plus he was drinking at the time. I just accepted that my medical and car get paid for. I've always felt that I should earn everything I get in life. We all suffer sooner or later in our lives, we all go through a tragedy sooner or later. How should that entitle anyone to riches???