Historic 1953 Stock Car Racing Virginia Supreme Court Case Regarding Spectator Injury

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

For those who might have time, I have found a fascinating 1953 Virginia Supreme Court of Appeals Court case upholding instructions to a jury in a case decided in favor of an injured race fan awarded $30,000 against the owner and the promoter of a race at the Richmond Fairgrounds dirt track.

In 1950 , Nelson Royall the builder and operator of Royall Speedway ( now Southside Speedway ) in Midlothian, Virginia leased the then 1/2-mile dirt track ( now the site of Richmond International Raceway ) from the operators of the Virginia State Fair to conduct Modified Stock Car races during the fair sanctioned by the Richmond Stock Car Racing Association.

During one of the events a right front spindle broke on the car of eventual NASCAR National Modified Champion Eddie Crouse . The wheel cleared the low 42 inch catch fence and struck a spectator, who sued.

What is so fascinating in the reading is that the court gets into how to properly prepare a dirt track for racing in 1950 with calcium chloride and how cracks can develop in the dirt surface.

Arguments were made that x-rays showed no damage to the spindle, but that racers were aware of metal fatigue.

Promoter Nelson Royall was questioned why he built an 8-foot catch fence at his Midlothian track if a 42 inch catch fence like the one at the Fairgrounds were safe.

Being a Richmond native, I was familiar with Royall, Crouse and Mr. Luck, one of Crouse's car owners. I didn't realize Royall was promoting races at the Richmond Fairgrounds at the same time he operated Royall Speedway.

Arguments include the fence heights at various AAA sanctioned tracks and whether a fan should expect a wheel to fly into the crowd.

The case includes "expert" testimony from driver Buddy Shuman on the subject of broken spindles.

Really fascinating reading:

The link to the court case:

http://www.leagle.com/xmlResult.aspx?page=1&xmldoc=195344577SE2d368_1443.xml&docbase=CSLWAR1-1950-1985&SizeDisp=7




--
"Any Day is Good for Stock Car Racing"

updated by @dave-fulton: 12/05/16 04:08:38PM