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

kossuth,  not so fast... In your example,  if the plane caught fire every time it flew (the track didn't suddenly change that night through negligence),  then the sky divers would have had an expectation of it doing it again and thus no law suit. 

Negligence, in this case,  can only be shown if they did something different that night that contributed to the outcome. 

The judges instructions to the jury will be very telling. 

It's too bad that everyone wants someone to blame for their lot in life.  The fore fathers would be horrified add to what society has become. Bad things happen to good people all the time. The true test of character is how one copes with it. 

Many people take risks in racing every week. Some take more risks than others. Some crash more. John was a wreckers or checkers racer. I would think that the defence will be able to put together a highlight film of his wrecks to show the jury and it will leave them wondering how he wasn't hurt well before the last crash. 

This is important as it will show that he should have been aware of the danger and that he willingly participated. They could even make the case that part of the enjoyment that some extreme sports participants get us from flirting with the danger of being hurt. 

Correct, but it didn't. Just like cars don't leave the ball park at the grove every race. In fact I've never personally seen it happen, just heard about it.  So was leaving the park like that an expected and accepted risk due to the frequency (or lack there of) of its occurence?  Like you said the instuctions will be interesting. 

Why do you blame the insurance companies? Do you understand that insurance companies rates go up because of law suits? The money has to come from somewhere, the insurance companies dont have a money printing press. If John westbrook wins, the 6 million will be paid by everyone who uses the same insurance company and in time it will contribute to higher insurance rates and premiums for all. This is the problem with America today, I choose to take a risk, I get hurt taking the risk and now its suddenly someone elses fault and they should pay for my risk taking gone wrong. So sad.

This post is correct. My sincerest hope is that this racer gets zero dollars from this case.

Sprint car racing is dangerous and there are certain risks that are well known by all who strap in. If a track is truly negligent (Wolfgang's situation comes to mind) then they need to be held accountable but thats not the situation with this Williams Grove case. The risk and danger involved is/was understood by this guy yet he chose to race repeatedly at this facility.

Cheers!

interesting to hear from the losers (sprintfn1) who fail to realize that insurance is required in order to operate a race track...and going "after them" for the results of your own actions is a disingenuous at best.

If one of the 3 drivers involved in this crash had burped the throttle...it would have been just another lap in a race...would it not?

and WHAT did the track do to make them stay in the throttle and go 3 wide?

I guess we will see how people like it when the grove cuts the weekly program and goes to special events only...or is sold to a developer.

Lincoln 1845 ft/.35 mile T1=118MPH 
Eldora 2287 ft/.43mile T3=135MPH
Port 2716 ft/.51 mile T3=TBD
Grove 2792 ft/.53 mile T3=135MPH
Selinsgrove 2847 ft/.54 mile T1=136MPH
"I didn't move to PA from El Paso in search of better 
weather." Van May

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.

You could be very well right on this.  I know of a personal experience where a gentleman working on the job was injured on private property.  He only wanted to get his injuries treated and surgery taken care of.  Workmen's Comp insisted that in the case of a third party liability unless he attempted to collect damages from the said third party that he could be held responsible for the entire amount.  He had to file suit and settle with the property owner's insurance company. The same might apply here.  No matter how much insurance Westbrook held, his insurance company could insist that he attempt to recover losses from the third party, Williams Grove, or be held responsible for his medical bills.  I am not saying this is what happened but it is a possibility to be considered.  Try not to judge his motives until the whole thing plays out in court.  

My wife told me if I went to one more Sprint Car race 
she would leave me.................I'm sure gonna miss 
that ol' gal.