DO YOU REMEMBER HAVING TO AGREE TO THIS?

Johnny Mallonee
@johnny-mallonee
10 years ago
3,259 posts

Now Im going back a few years so some of you may need to get a refresher course in this BUT when you went into the gate at a track,dont think it mattered what or where there was a sign hanging above the ticket booth stating that the track was NOT responsible for injuries or worse that were sustained while on the premises of said track.

Also when you pulled in to get your pitpass and get your car registered you signed a long form of same relieving track of responsibility while on track or surrounding land under the control of track management .

When a driver was hurt or worse drivers would go through the stands with helmet collecting donations for the family.

Back when flagmen were out on the track I have seen 3 different flagmen get run over and pass due to injuries in races I was in.

Also a driver who got spun out and tore his car up went after the other only to be hit by a third car. One time when my dad was running in SC a car went through the pits (back then cars were lined along the front stretch) in New Ellington SC and hit several people,dads bunch was involved.

One time we lined up on the figure 8 to go out and qualify and a car got out of control and actually chased down the flagman there. There was bad blood between the driver and flagman but no legal action came from it.

This case with Tony could really turn around racing if he is deemed at fault by the LAW. Think about it, no bumping or getting close or you may be sued for throwing dust their eyes. say you passed him or her on the inside and as you got clear you pulled up and they didnt like it, off to see Judge Judy.

Im not trying to start anything but it sure has me thinking here.. You Lawyers kinda toss this around and see how it tastes to you. That one Attorney on FoxSports has manslaughter embedded in his brain towards Tony. Does this type of talk need to be displayed so harsh? little future drivers and fans can be swayed easy enough as it is. Your comments are needed ...


updated by @johnny-mallonee: 12/05/16 04:04:08PM
Dave Fulton
@dave-fulton
10 years ago
9,137 posts

All the NASCAR event programs used to have a photo of Big Bill France and the disclaimer that "Racing is exciting & dangerous..... etc." and how neither NASCAR nor the track operator had any liability if you caught a wheel or worse a car in your lap during the race.

Of course, in a court of law, that disclaimer wasn't worth the glossy paper it was written on. As a car sponsor or event sponsor we always carried multiple millions of $$$ of liability insurance.

But, to answer your original question, Johnny, yes... I've signed many liability waivers at the back gate.




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"Any Day is Good for Stock Car Racing"
S.T.A.R.S. Radio
@stars-radio
10 years ago
514 posts

Michael McCann says it best.....While Stewart is poised to avoid criminal charges, he may not be so fortunate with civil litigation. Wards family could sue Stewart for wrongful death, which refers to negligently causing the death of another. A successful wrongful death lawsuit could lead to millions of dollars in damages, particularly since wrongful death damages are largely contingent on the decedents age and loss of future earnings. Ward was only 20 years old and he seemed to have a promising and possibly lucrative future as a driver. The statute of limitations for a wrongful death lawsuit in New York is two years, meaning Wards family has until Aug. 9, 2016 to sue.

Wards family would need to convince a jury that Stewarts conduct was probably unreasonable and caused Wards death. Other drivers would be called to testify as experts and offer their views as to the reasonableness of Stewarts conduct. Stewart himself could also be called to testify. His ability to invoke the Fifth Amendment to avoid answering questions would depend on whether the questions asked of him require him to admit that he engaged in criminal conduct.

In his defense in a wrongful death lawsuit, Stewart could argue that Wards own conduct played a crucial role in his death. After all, Ward clearly accepted some degree of safety risk by leaving hisrace carafter it spun out of control. Drivers are discouraged from leaving theirrace carsduring races unless their own safety is imperiled. Ward only elevated this safety risk by trying to confront or incite Stewart as Stewartsrace carapproached on the track.

On the other hand, Ward exited his vehicle only after the caution flag was thrown and he must have had no expectation that Stewartsrace carwould hit him or he obviously would not have waved his hands at Stewart. Moreover, if it is true that Stewart could see Ward, Stewarts decision to drive so close to him and perhaps even increase his speed on the approach might prove damning in the minds of jurors. Expert testimony would prove crucial in an interpretive legal debate of what Stewart should have done.

Stewart, whose net worth reportedly exceeds $100 million, may try to avoid civil litigation by reaching an out-of-court settlement with Wards family. A settlement would constitute a contract between Stewart and Wards family where Stewart would agree to pay a significant amount of money in exchange for Wards family relinquishing any legal claims it may have against him. The settlement would likely be confidential and not contain any admission of wrongdoing. Given that a civil trial involving Stewart would attract headlines and remind the public of Wards death, Stewart would seem to have good reason to seek a settlement and avert a trial

Dave Fulton
@dave-fulton
10 years ago
9,137 posts

The type of form Johnny referred to:




--
"Any Day is Good for Stock Car Racing"
Tim Leeming
@tim-leeming
10 years ago
3,119 posts

Absolutely I remember. And, as Dave indicates, there are at least 100 ways a good attorney can get around that.




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What a change! It's been awhile since I've checked in and I'm quite surprised. It may take me awhile to figure it our but first look it's really great.

Eric Cardona
@eric-cardona
10 years ago
196 posts

I wouldn't care if I died at a race track, I died doing what I loved: Enjoying a great time at the track!

Jay Coker
@jay-coker
10 years ago
177 posts

The key element in any investigation is going to be "intent." I personally don't see how any criminal investigation is going to prove "intent," no matter how highprofile the prosecutor is.

Civil suit on the other hand? Let's just say Tony would be well served to go make a withdrawal at the local bank, have his attorneys call the Ward family and hope that it's enough to make them disappear. Otherwise, it's possible a jury could take an even bigger piece of Tony's kingdom.

Johnny Mallonee
@johnny-mallonee
10 years ago
3,259 posts

You know this could scare off new and upcoming drivers and owners. The thought of Suit in racing at any level will shut down the lowest form of racing,from GoKarts on up..

You and I know well this will play havoc if allowed to run wild .

Andy DeNardi
@andy-denardi
10 years ago
365 posts

There are worse places to die, but I would definitely care. I'm not exaggerating when I say it would ruin my whole week.

Andy DeNardi
@andy-denardi
10 years ago
365 posts

I read on another site that Tony is rumored to have been wearing a GoPro camera. That could put a damper on a "I didn't see him" defense. But I don't believe the rumor is true as competitors and inspectors would have seen it and it would be the first thing confiscated.

Johnny Mallonee
@johnny-mallonee
10 years ago
3,259 posts

I read on another the question WAS there a GoPro camera on his ride. Answer was none seen so time will tell