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Two Men Suing Daytona, NASCAR Over Injuries Sustained In Austin Dillon's Flip (2015 Coke Zero 400)

Discussion in 'NASCAR Discussion' started by ShadowKnight508, Dec 14, 2017.

  1. ShadowKnight508

    ShadowKnight508 Lt. Commish - SRD Pick-Em Series

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    Two Men Suing Daytona International Speedway And NASCAR Over Injuries Sustained During Austin Dillon's Flip Into The Catchfence In The 2015 Coke Zero 400 (Credit to ESPN):
    Two Florida men have sued NASCAR and Daytona International Speedway for injuries allegedly suffered when Austin Dillon's car flew into the catch fence on the final lap of the July 2015 NASCAR Cup race.

    John and Wayne Vanpatten claim in separate lawsuits that they were sitting in the 12th row of Level 3 and were hit by debris. They also said they were hit by a toxic fluid, which was sprayed onto Wayne's arm and which John ingested.

    There was no description in the lawsuit of the specific injuries except that they continue to recover from them.
    The lawsuits do not indicate their relation.

    The two lawsuits, filed last week in Volusia County (Fla.) Circuit Court, are the second and third lawsuits filed against NASCAR, the track and track parent company International Speedway Corp. from fans injured in the accident. An earlier suit was settled. The statute of limitations in Florida for claims is four years.

    NASCAR requires tracks to carry at least $50 million in liability insurance to cover such claims.

    The attorney for the Vanpattens and spokesmen for NASCAR and DIS declined to comment on the case.


    SOURCE: http://www.espn.com/racing/nascar/s...ona-international-speedway-injuries-2015-race
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  2. Mystical

    Mystical Always 110%

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    I thought when you buy a ticket you are accepting any accidents that may happen in the stands?
     
  3. Phoenix

    Phoenix Dilly Dilly

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    Who waits two years?
     
  4. Andy22

    Andy22 Did I just see Austin Dillon win the Daytona 500?

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    Considering that's their fault, I was more interested in the picture than the actual article.
     
  5. nascarfan9

    nascarfan9 Category 5 Punicane.

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    That's precisely what the back of the ticket says:
    But who reads the back of the ticket anyways... :rolleyes: ;)

    I suspect that they will end up settling like similar past lawsuits....
     
  6. Shockey Rai

    Shockey Rai EJ Strypes, NASCAR Furry.

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    Here we go again. Lol
     
    ShadowKnight508 likes this.
  7. Chevellion

    Chevellion SRD Cup League Director

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    How do you ingest fluid from a racecar?
     
  8. ShadowKnight508

    ShadowKnight508 Lt. Commish - SRD Pick-Em Series

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    Most likely had his mouth open when whatever liquid in question (from the car impacting the fence) might have been sprayed into the crowd (possibly some sort of fluid from the engine or brakes area considering that the whole front end was torn out during the crash).
     
  9. ayrwolf

    ayrwolf Well-Known Member

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    A lawyer explained to me a part of law that quotes “reasonable expectation “. When you go to a restaurant and check your coat you have reasonable expectation that if will be returned to you. In spite of what any sign might say the business is on the hook for your loss. The same applies to any gathering. You have a reasonable expectation that you will leave the event whole. Venue operator is held liable no matter what is printed on the ticket. Waivers and signs for the most part try to “scare” you into not taking action
     
    Cutch22 likes this.
  10. Brandon Miller

    Brandon Miller Well-Known Member

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    This. Especially if you are paying money for services or an event.
     
  11. 4WideRacing

    4WideRacing Well-Known Member

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    Yeah but it's Daytona..... I would think it's reasonable expectation that there could be a bad wreck that could injure those close to the fence!
     
  12. AMLNet49

    AMLNet49 Well-Known Member

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    That makes sense for restaurants but is stupid for sporting events. Is cuz America has gone completely sue-crazy. They ruined fenway bc they got sued after multiple bat-into-stands incidents, netting in front of the seats my buddy used to have (his fam dropped them after they put netting in front of the seats LOL).

    You know what, you're going to a sporting event, sports are dangerous, you should accept all risk by attending any sporting event for any injury that occurs as part of the game itself.

    In return I think fans should be able to storm the field after wins like they used to be able to. It's all this legal bullshit that's ruined and corporatized sports.

    Exceptions being crazy stuff like the bridge collapsing at Charlotte or Ron Artest going into the stands, that I'm fine with lawsuits for. But to me this Daytona thing is just like the hot coffee lawsuit or the Wendy's chili lawsuit

    On or off the field it seems nothing can just stand for what it is without scrutiny anymore. From a million replay reviews parsing centimeters in stick and ball sports, to Auburn storming the field after beating Bama, to fans suing NASCAR for debris from the action hurting them, everything has to be freaking litigated.
     
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  13. Saan Anguish

    Saan Anguish Inflictor of Pain

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    Why the hell was John licking Wayne's arm? Or was he holding his mouth open like a kid trying to catch a snowflake?

    In all seriousness - good lord people. You go to the event knowing that this is a possibility. Waiting until two years after the fact to try to sue is stupid.
     
  14. nascarfan9

    nascarfan9 Category 5 Punicane.

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    Ol' Johnny must've been really thirsty...

    Exactly. I mean, it's not like Dillon's car going into the fence was.... unprecedented.... or something. I mean you had Kligerman, Larson, Setzer, Edwards, Bonnett, Petty, Allison... hell Ben Kennedy got into the fence at Kentucky the very next week.
     
  15. EarnhardtFan

    EarnhardtFan Residential Twitch Addict

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    My question is why wait nearly 2 and a half years to say anything? I'm sure if it had SOME effect on them in would have been sooner
     
  16. ayrwolf

    ayrwolf Well-Known Member

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    The statute of limitations in Florida to file a suit is 4 years. In most cases people wait to make sure their recovery is complete before they sue. An example would be if you were in a car accident and settled for a small amount. A year later you start to have back issues which they can trace back to the accident. There is no way that you can go back to court and you are basically screwed from recovering any more money.
     
  17. Saan Anguish

    Saan Anguish Inflictor of Pain

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    That actually makes sense. There could be an underlying issue that doesn't flair up until later, and if you've already settled, that's it. Case Closed.
     
  18. Lap_Down

    Lap_Down Well-Known Member

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    IMO more netting is good... I mean for me a net is a small price to pay to protect some kid from getting a bat to the head. I mean when you go by yourself it is easy to be tough and stuff, but one's perspective may change when you want to share the sport with your family. Young fans are the future of every sport after all. And IMO sometimes lawsuits are the only way to make a company spend extra money for safety measures. From what I've seen... many companies will fight tooth and nail to even spend the smallest amounts of money on preventative measures on their own accord... they are usually forced into doing so by outside forces.
     

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