http://www.grandprix.com/ns/ns16256.html


If the plantiff wins this case it will be appealed and will take several years to resolve but this could end club racing

 

Interesting article. I find this line very interesting also "The case has received a great deal of publicity in the United States as Weaver's widow and children took the decision to take part in the CBS reality TV hit show "The Amazing Race", competing for a prize of $1m in the course of 2005." They must have been fairly heartbroken. I would imagine this case has the possibility of being settled out of court. This is definitely one to follow.

 

That is US litigation for you. Ultra-hazardous is a bunch of crap if you ask me! Very sad story, but when something like that happens, you always know the lawyers will be involved!

 

i wish judges could just throw some cases out of court. the outcome will be interesting.

also, all drivers/workers/spectators sign paperwork stating they will not hold the raceway liable for anything. correct me if i am wrong on that? wouldn't that throw this case out of court?

 

there was a case quite a few years back that dealt with stuff like this.

the judge pretty much said, this wasn't there first time out there, they knew what they were doing and the risks.

I was very happy with that out come
<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Nishant &raquo;</TD></TR><TR><TD CLASS="quote">
also, all drivers/workers/spectators sign paperwork stating they will not hold the raceway liable for anything. correct me if i am wrong on that? wouldn't that throw this case out of court?</TD></TR></TABLE>

well that doesn't really mean crap, it is supposed to scare you. in the above case i mentioned the person had not signed one on the day of there death and the court still said this is BS

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by itc007 &raquo;</TD></TR><TR><TD CLASS="quote">I thought that name sounded familiar. i watched the Amazing race and they were a bunch of hypicrtical cry babies. (the Weaver family).</TD></TR></TABLE>

so they were so broken up about his death that they went on a reality show, then they didn't win so they figured they could get rich suing everyone in sight?

 

This is just stupid, motorsports is dangerous its a risk all of us accept. The family comes off as being money hungry and wanting their 15 minutes of fame. This country really needs to stop being sue happy, and the lawyers and judges need to throw ridiculous cases like this out on the spot.

 

If anyone remembers the show, I wonder who she believes in more? God or her lawyers?

That family was the bigest bunch of hypocrites I've ever seen play the game.

--kC

 

Yes, well she was also the person who asked whether Pennsylvania was a state, and then later told her children that Lake Pontchartrain was one of the great lakes... It doesn't surprise me at all that they are suing, they have that perfect mentality that thrives so much in this country. Something happened, so somebody else must be at fault, and they have to pay for it.

 

What training does ISC/NASCAR/etc give to course workers? Are the workers paid, or volunteer? Was Mr. Weaver performing the job properly, or acting outside the bounds of established procedure?

Just because the family is a bunch of freaks doesn't relieve ISC from potential liability.

 

It will be interesting to see what happens in this case. From what I recall of hearing about this shortly after it happened- he was a paid worker which may be different than the standard SCCA volunteer worker. I know that a couple other clubs- CCS (bike races) and probably others pay their workers which greatly changes the situation with liability, etc.

[Stepping on soap box] - Unfortunately with our sue happy society, people do not feel responsible for their own actions... The little bit of digging I did into the standard waivers that we sign when working or competing in SCCA type events, these will probably not hold up to a high priced lawyer with large dollar signs in their eyes... That is why we have insurance. [Stepping down]

 

don't worry, this will never fly in Virginia........we don't have strict liability in the great commonwealth and we do have a few little legal theories called assumption of the risk (and contributory negligence)

besides. 3/4 of the time, you can't sue anyone involved because your sole remedy is worker's comp

who did weaver work for, nascar? and is isc separate from nascar?

even if they are seems to me in Virginia there is a good argument that ISC would be deemed the statutory employer of weaver because they are involved in the same trade/business/occupation of Nascar/weaver


ps. I will say that the "race to the yellow" rule nascar follows(or at least followed at the time (i don't watch NASCRAP) is idioitic/insane and it was only a matter of time before something like this happened

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Dented Rx7 &raquo;</TD></TR><TR><TD CLASS="quote">ps. I will say that the "race to the yellow" rule nascar follows(or at least followed at the time (i don't watch NASCRAP) is idioitic/insane and it was only a matter of time before something like this happened </TD></TR></TABLE>

How does it differ from the SCCA? With the SCCA, under a full-course yellow, drivers are expected to quickly (ie less than race pace, but not a crawl) form up behind the pace car.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Crack Monkey &raquo;</TD></TR><TR><TD CLASS="quote">

How does it differ from the SCCA? With the SCCA, under a full-course yellow, drivers are expected to quickly (ie less than race pace, but not a crawl) form up behind the pace car.</TD></TR></TABLE>

my understanding of nascar is once the yellow is thrown, first car to cross start finish line is in first etc......so if yellow is thrown and you have 3/4 of a lap to start finish line, you are wide open to start finish............not quite the same in scca

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Dented Rx7 &raquo;</TD></TR><TR><TD CLASS="quote">ps. I will say that the "race to the yellow" rule nascar follows(or at least followed at the time (i don't watch NASCRAP) is idioitic/insane and it was only a matter of time before something like this happened </TD></TR></TABLE>

Doesn't apply in this case because the yellow was out long before the incident happened. This occured when a driver was making his way back around to the rest of the pack for a restart while still under caution. And "race to the yellow" was gone in 2004 when this happened.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Dented Rx7 &raquo;</TD></TR><TR><TD CLASS="quote">

my understanding of nascar is once the yellow is thrown, first car to cross start finish line is in first etc......so if yellow is thrown and you have 3/4 of a lap to start finish line, you are wide open to start finish............not quite the same in scca</TD></TR></TABLE>

Not anymore. Field is frozen once the yellow flies. No passing allowed... no need to speed around to start finish.

 

note my first post saying i don't watch nascar ;-)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by leadfoot321 &raquo;</TD></TR><TR><TD CLASS="quote">

Not anymore. Field is frozen once the yellow flies. No passing allowed... no need to speed around to start finish.</TD></TR></TABLE>

the rule is as it should be now