Critchley/AMS lawsuit (1 Viewer)

[Jamie]

Jay - you are correct about NHRA pits being a time bomb! I'm amazed that a drunk or just plain stupid fan has not been killed . . . yet. However, those dramatic pit accidents involved crew members and a motorcycle rider - all of whom signed a waiver making it very difficult to sue the venue or NHRA. If a fan is killed or injured in a pit incident, that will be the end of open pits at an NHRA race.

The pits are already breeding lawsuits. It's happened before where people purposely step in front of a tow rig pulling a car to the lanes and get clipped by a mirror or some such, then get claim to be injured and sue.....

 

[yoda]

The pits are already breeding lawsuits. It's happened before where people purposely step in front of a tow rig pulling a car to the lanes and get clipped by a mirror or some such, then get claim to be injured and sue.....

"Membership has its benefits"- isn't there a company that says that?

Maybe that could be the fix for keeping the punter lawsuits to a minimum- pit pass access tickets could be on a "Membership Only" basis, with a family discount package offered by the Association (after all, who would need 4 issues of ND showing up every week?)- Present your membership cards at the ticket booth and get your wristband....

 

[megadeth]

Throughout this debate about the value or benefits of suing or not suing over an incident like this a number of good ideas/thoughts have come forth. But ,the first one that made any sense to me about the actual sport of drag racing was Jim Gunther’s comment: “Rather than debating comparative negligence or joint and several liability, we ought to (from a PR perspective) get in front of public opinion and let folks know ‘that ain’t drag racing.’”

Has it occurred to anyone that by making some of the comments posted here that we may be supplying attorneys with fodder for their pending cases? It’s possible that statements published here could be entered as “evidence” of the opinions of so-called “expert observers of drag racing,” opinions that could damage the sport.

We should let this issue fade out of consciousness for a bit, I think. If we keep on going as this discussion has so far we’re going to be bringing up more and more topics that have the potential to either damage the sport, or tip some sue-happy individual about some of the potential areas he might bring suit about.

What happened in Tennessee was unfortunate at best and tragic at worst, and we aren’t helping by speculating about so many things that we can’t prove one way or the other. As people who allegedly know more about drag racing than the average man on the street we’re in a position to possibly have a negative impact on the outcome of the pending legal actions.

Bottom line: I think we oughta shut up about this, at least for now.

But hey, that’s only my opinion.

Jon Asher

You got that right Jon!
This whole situation scares the hell out of me and the repercussions will be felt for years to come!

We need to be careful even with our opinions on this situation.....

 

[yoda]

Actually Jon, there are no concerns about anything posted on this site or any other site being accepted in a court of law. Even Newspaper articles are considered "heresay" and not admissable. A message board like this doesn't even meet those standards.

I think Jon's point was that if there is an ambulance chaser out there that is looking to stir up a hornet's nest of doo-doo, they can look here to find dozens of reasons about where our sport seems to be lacking in the safety department based on what has been posted here. It won't be someone's comments being used in a case, but a posting here could be the catalyst for some attorney with nothing better to do to look for a way to cause the sport some big trouble....

 

[Jim]

Throughout this debate about the value or benefits of suing or not suing over an incident like this a number of good ideas/thoughts have come forth. But ,the first one that made any sense to me about the actual sport of drag racing was Jim Gunther’s comment: “Rather than debating comparative negligence or joint and several liability, we ought to (from a PR perspective) get in front of public opinion and let folks know ‘that ain’t drag racing.’”

Has it occurred to anyone that by making some of the comments posted here that we may be supplying attorneys with fodder for their pending cases? It’s possible that statements published here could be entered as “evidence” of the opinions of so-called “expert observers of drag racing,” opinions that could damage the sport.

Bottom line: I think we oughta shut up about this, at least for now.

But hey, that’s only my opinion.

Jon Asher

Well Thanks Jon ('sorta),

Rather than just piss and moan about lawyers swarming around this case (one where, no doubt, insurance limits for all defendants will quickly be max'd out) we as fans and/or participants ought to take the same stand we do when we talk about illegal street racing. It just ain't the same thing.
Want to see a smokey burnout - Come to an organized, professional event.

Ironically, I was speaking (on an unrelated matter) with a good friend of mine at Coca-Cola Enterprises this morning and he mentioned, "I hear there was a bad situation at one of the Drag Races last week or so." Of course, I set him right. But....Here's a guy in a reponsible position at the company that distributes Powerade and HE has only "heard" the headline.
For my money, NHRA should have issued a statement after this tragedy - maybe they did but, I never noticed it. Melanie Troxell did the right thing on Good Morning America.

 

[Nick Name]

You probably haven't been around this sport very long.

You're right Jay...I'm pretty new to the sport. My first race was in 1969...

And you don't remember the incident that Dave was referring to in the post right below yours?

Jay

 

[Johnny Mopar]

Nope...sure don't. When was it?

 

[yoda]

Nope...sure don't. When was it?

Yeah- I've been around for a minute or two as well... What was the issue at the Winters?

 

[Jay]

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.

Are we all forgetting that this is why they have insurance....For cases like this..? AMS will be fine...Although, I would guess that they are done with Drag Racing...

While I totally agree, of course, that this was a terrible tragedy....AMS had nothing to do with this, yet they are going to get hit the hardest JUST because they have deep pockets...that's B.S. I HATE these frivilous lawsuits....Is that going to really fix the problem...Is that going to "un-injure" someone....C'Mon....

 

[sharkman]

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

Very few lawyers are big time head hunters (my wife is ESQ) and many/most laws and passages that benefit the American people on a daily basis were finalized on the behalf of attorney's....
My wife's firm keeps utility companies in check w/ laws and rights for the average consumer...very boring...unless you could see what EDISON/IDACORP/DWP in So Calif/ETC would like to charge for electricity and companies that supply natural gas potential charges...
We only here about the negative lawsuits....as the good for the average American lawsuits by most ESQ's go unnoticed...
Look @ White House/Congress/Senate...they are full of attorney's....

That is why this Country is in the shape it's in, too many lawyers on Capitol Hill.

 

[Jim]

Are we all forgetting that this is why they have insurance....For cases like this..? AMS will be fine...Although, I would guess that they are done with Drag Racing...
....

I wouldn't expect AMS to continue in the sport.

Don't bet on any individual defendent having enough insurance to handle all of the claims coming out of this tragedy. That's one of the reasons they name everybody and his brother in the lawsuits. A bigger potential pool of $$.
While the 6 (or was it 7) fatalities might be pretty easy to evaluate (without going to court - who knows what a jury might award?) there are a number of people injured - probably some seriously with possibly life-long disabilities - it's an enormous financial exposure.

Again, THIS is ('sorta) why people buy insurance.

Now, whether the insurance companies realize they were insuring THIS kind of exposure or not <oops!> (and they probably were NOT collecting a premium for THIS kind of thing) the courts will find a way to require them to pay their entire multi-million dollar policies. THAT'S one reason why insurance is so hard to buy and why it is so expensive if you can get it.

 

[Johnny Mopar]

I wouldn't expect AMS to continue in the sport.

Now, whether the insurance companies realize they were insuring THIS kind of exposure or not <oops!> (and they probably were NOT collecting a premium for THIS kind of thing) the courts will find a way to require them to pay their entire multi-million dollar policies. THAT'S one reason why insurance is so hard to buy and why it is so expensive if you can get it.

You bring up a point here Jim that noone has thought of...whether the insurance policies of the individuals and authorities would cover this type of an event. I'll bet that AMS's and Critchley's carriers will argue that their coverage was for racing activities at a sanctioned facility. If they win that argument, the responsibility will be on AMS and Critchley.

It'll continue to get uglier...

Meanwhile...six (6) people have lost their lives and several have been seriously injured....that's the issue here...let's no lose focus folks.

 

[Cooter, Crazy-Cooter]

I heard about the accident at work. I had a different view of what happened till I read about it. As with anything else the opinions will vary depending on your views.
I feel sorry for the families that lost a loved one. I do not like the fact that some lawyers are going to make a lot of money from this. I am sure that our sport is going to take a hit on the public opinion poll. I am sure that the father will get something out of this. I hope that he uses the money to do some good not just get a new house or car and take a long vacation.
I feel that all parties involved in this will survive but will not be the same. As bad as this is there are always others that have it worse. I for one consider myself lucky to be part of drag racing and motorsports in general. I will not stop flying to a race because the plane may crash. Or cross the street because I might not see a car. I definately will not quit going to a drag race because a car might be out of control.
If I were at this event or something similar and something bad happens to me, I hope that my family lays me to rest knowing that I left this world happy.