Forum: HoseHeads Sprint Car General Forum (go)
Moderators: dirtonly  /  dmantx  /  hosehead

John Westbrook grilled on risk factor of racing and waiver process by Williams Grove Speedway attorney

Thanks for the updates each day Jeremy.

Thank you for the updates gators0849.

Lawsuits like this one are infuriating. Anyone who straps in a car and does not realize that there is execptional risk in driving a race car is a dolt. I am saddened that he was injured in a Sprint Car, but the time to man up has long passed. He knew the risks when he climbed in and accepted them prior to the accident. Our court system should be shutting down these kinds of lawsuits. Waivers of liability should mean something. If they don't then why are we signing them?

Never hit stationary objects!

I absolutely agree with you, Jim.   I called the guy an Assclown, not for who he is, but what he is doing.  I also feel badly that the guy was so injured.  The lawsuit is bogus.  If you are not busy Saturday night, come up to Wilmot for the All Star/IRA show.

I would suspect this lawsuit is more of an insurance company or hospital trying to recoup some of their loses for the care if him. They can't get anything from Westbrook so they force him to bring a lawsuit against a track and it's insurance company so he can pay them some money. This happens all the time, it isn't actually the plantif that wants to file the suit it is collectors that force them into it.

so what are they going to do if he said he didn't want to go to court? sue him?

just how can he be forced?

to indy and beyond!!

Thank you for the recaps Jeremy. Much appreciated. 

This is quite the comment. by insurance I assume your talking about his medical insurance. If his medical coverage believes there is a subrogation potential they will go after that on their own to collect the money they have paid out, they cannot make the plaintiff do it under his name for money they have paid. Health insurance is the least aggressive insurance there is when it comes to subrogating against others to collect money back, I would guess primarily because they would lose in court in most cases due to who they are, but they can't just force someone else to sue for them. If they paid the money out it is their own responsibility to try to collect it back if they believe it is merited.

Neither entity you named is forcing him to sue, namely they can't. Now does he have unpaid medical bills and liens from the injury, I'm sure he does but its still his choice to sue. There are other options as far as debt goes, they may not be pretty but this isn't pretty either and will follow him around the rest of his life as well. 

At the end of the day it's Westbrook that is suing. If you want to be mad at someone, the most likely would be his plaintiff attorney as I'm sure he pushed this matter forward more than anyone because his payday depends on it. 

http://gph.is/XMLGff

The fact that the release isn't filled out correctly (basically it isn't at all), not dated, and they can't "prove" that it is from that night is more than likely the "nail in the coffin" in this case.

If the form says on it that all fields must be complete, my guess is that it would be considered null and void in the eyes of the law, so basically EVERYONE that signed that form that night basically didn't sign a release (at least in the eyes of law).

It will be an interesting couple of days for sure.  if I were WG Attorney, I'd be convincing my clients to "settle out of court" for less than what the jury will more than likely award based on that 1 piece of evidence alone.

I hear what you are saying and agree to some extent.  However the word "intent", often times has a large bearing on court or jury decisions.  The promoter, track owner, all drivers and pit personel and the injured driver all know what the intent of that release means.  This brings up the question, what if the release was dated correctly, completly filled out and signed by the driver, but he signed a ficticious name?  Does the person at the pit gate have the resonsibility to ask for proof of ID and make sure the signer is in fact signing with his own name?  Talk about creating a long line to get in.  Hopefully the Jurers understand the meaning of the intent of the document.

To me the release should not even be a matter in this case. I know why it is but this case in general just shows the lacking of common sense in this world today. I would think that it would be a given that if you strap yourself into any type of racecar you assume all risks. Waiver or no waiver, common sense would tell you that you would have the potential of getting hurt no matter what the circumstances are of the wreck, especially since you already knew that there was a drop off at the track. He was aware of the conditions, and still raced.