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Old 02-15-2012 | 09:39 AM
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Originally Posted by KWright
I used to drag race in the 80's. Held a Pro Stock licence in both NHRA and IHRA. As a racer I saw allot of situations good and bad. But the final call to put that car down the track was mine and mine alone even though sometimes you knew the situation was less than desireable. But as the racer the call was mine. That being said my question is who decided to push that boat so fast that day in less than desireable conditions to make it flip like that? Just my .02 IN racing there are no gaurentees. parts are modifided beyond safe standards, pushed to limits beyond thier capacity, and all done in places where safty is less than desireable, that is what fuels the racer the thrill taking the chance. And the chance you take is with your life. Its sad what happened but I'm sure they were all very smart men and knew just what they were getting into, but it was a choise they made of their own free will.

But if in fact that "decision" was influenced by false information provided by the racing organization, does that not swing the pendulum somewhat?

Cant people be,lured into "a false sense of security"? Do racers have to make sure on their own that all safety personell are properly certified and trained or is it reasonable to believe that is the responsibility of the promoter?
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Old 02-15-2012 | 09:45 AM
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Originally Posted by Interceptor
http://www.autoracing1.com/MarkC/001119Lawsuits.htm

A very good read on racing lawsuits. Also all the experts should also quit stating their opinions as fact.
This is an interesting quote from what you attached

"we expect that these cases will be settled out of court and never go to trial because the insurers, sanctioning bodies, and track operators do not want to have any legal precedents set in cases such as this."

It is what happend at our suit and I suspect the SBI deal as well will end in a settlement. Not a settlemnt of change but a settlemnt of MONEY

It is never about an award it is about a settlement
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Old 02-15-2012 | 12:01 PM
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Originally Posted by scarabman
But if in fact that "decision" was influenced by false information provided by the racing organization, does that not swing the pendulum somewhat?

Cant people be,lured into "a false sense of security"? Do racers have to make sure on their own that all safety personell are properly certified and trained or is it reasonable to believe that is the responsibility of the promoter?
I see what your saying. but in racing situations their is no security, and yes you need to be responsible for your own safety. As grown adults you need to make the decision wether or not the event is to dangerous for you. Im not saying that their doesnt need to be changes. Safety needs to be the number one concern, but it has to be the responsibility of every body, most importantly the racer. these are smart men participating in these event's im sure nobody talked them into anything, they knew what they were doing along with the risk. the lack of safety was very well known to everybody. This is just my opinion and im sure everbody else has their own.
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Old 02-15-2012 | 12:09 PM
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Lead to believe there's a false sense of security? Really?

Does anyone actually read the waiver and release forms when they sign up to do a race or poker run event? I doubt it....
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Old 02-15-2012 | 12:16 PM
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Originally Posted by Smarty
Florida attorneys as well as attorneys in New Jersey are not permitted to make a phone call to an accident victim(s), or the the family of an accident victim. Written communication is permitted in Florida after 30 days have passed since the accident, "In addition, if the written communication concerns an action relating to an accident or disaster involving the recipient or a relative of the recipient, the communication may not be sent until 30 days after the accident or disaster."[/B]

Does Florida have limitations to the percentage of the award that a trial attorney can receive? Just curious.
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Old 02-15-2012 | 01:07 PM
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Originally Posted by ROTAX454
Does Florida have limitations to the percentage of the award that a trial attorney can receive? Just curious.
I do not know the answer to that, I am licensed in NJ. Sorry I could not answer that for you.

On a different point, real answers to most of the factual questions will be found in the discovery process. Until those answers are provided let the bullsh*t continue.

I am done in this thread.
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Old 02-15-2012 | 02:50 PM
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What is being questioned is whether or not the sanctioning body did what it said it was going to do.
If SBI did everything they were supposed to, then all will be fine. (They should have disclosed it sooner to prevent this, perhaps.)
However, if they misled people and did NOT provide what they promised, then in reality the racers were not making an informed choice and that does cause a problem.
All racers know the inherent risks and that is not what is being questioned. What is in question is whether they had everything that they were expecting.

The best way I can sum up my feeling is with this synopsis.
People die everyday in car accidents. Safety features have been improved to reduce this risk, however it still happens. Now, you may die even in an airbag equipped car and there should be no reason to sue the manufacturer . However, if the car was supposed to be equipped with air bags and they were not installed.... then we there is a legitimate reason to file a suit.
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Old 02-15-2012 | 04:12 PM
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Originally Posted by Tom A.
What is being questioned is whether or not the sanctioning body did what it said it was going to do.
If SBI did everything they were supposed to, then all will be fine. (They should have disclosed it sooner to prevent this, perhaps.)
However, if they misled people and did NOT provide what they promised, then in reality the racers were not making an informed choice and that does cause a problem.
All racers know the inherent risks and that is not what is being questioned. What is in question is whether they had everything that they were expecting.

The best way I can sum up my feeling is with this synopsis.
People die everyday in car accidents. Safety features have been improved to reduce this risk, however it still happens. Now, you may die even in an airbag equipped car and there should be no reason to sue the manufacturer . However, if the car was supposed to be equipped with air bags and they were not installed.... then we there is a legitimate reason to file a suit.
Tom I agree with your example with one exception

In the real world, had that car accident happened the attorneys would sue the car manufacturer, the steering wheel manufacturer, the air bag manufacturer, and the car dealership that sold the car (even if they had no reason to believe the air bags were not installed) And if the car had been used on a tv commercial and sold due to the customer seeing that commercial the people who made the commercial will be sued! It is just so fricking wrong
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Old 02-15-2012 | 05:23 PM
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Originally Posted by boatme
Tom I agree with your example with one exception

In the real world, had that car accident happened the attorneys would sue the car manufacturer, the steering wheel manufacturer, the air bag manufacturer, and the car dealership that sold the car (even if they had no reason to believe the air bags were not installed) And if the car had been used on a tv commercial and sold due to the customer seeing that commercial the people who made the commercial will be sued! It is just so fricking wrong
My ex was sued in Michigan when a double bottom gasoline tanker skidded through a red light and hit our car and two others and killed the passenger in one of the cars. The tanker and trailer exploded and basically burned everything in sight. By way of a miracle my ex escaped the inferno by driving out with all four tires aflame.
Every vehicle owner in the accident was sued along with many vehicle component suppliers.
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Old 02-15-2012 | 06:08 PM
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Originally Posted by Smarty
Florida attorneys as well as attorneys in New Jersey are not permitted to make a phone call to an accident victim(s), or the the family of an accident victim. Written communication is permitted in Florida after 30 days have passed since the accident, "In addition, if the written communication concerns an action relating to an accident or disaster involving the recipient or a relative of the recipient, the communication may not be sent until 30 days after the accident or disaster."[/B]

The family calls the attorney, that is how it works. Attorneys are not ambulance chasers as some people may want to portray them. The attorneys that do try to solicit via phone and or violate the rules of ethics will get disbarred or sanctioned, plain and simple.

Hope that clears up the speculation.

Don't want to start a major argument, but do you know how many ways I could make contact with some one and no one would know it's me? I got "contacts" all the time form people "no affiliated " with some one else, and at the end of the day it was his/her son that called.
Anyrate. Just a few questions, (sorry if it's answered before) Why file in Broward? I thought Joey was still alive when he got out of the boat. (I seem to remember reading somethnig about injuries and he was breathing) not sure. This drowining just sounds fishy.
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