Motocross death brings lawsuit for negligence

KAWboy14
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1/31/2009 5:36am
500guy wrote:
either way, it's just a bad deal for everyone.
flarider wrote:
Of course. But, without knowing any details and only what's written above, it seems the family believes the ambulance company was negligent, and that is not...
Of course.

But, without knowing any details and only what's written above, it seems the family believes the ambulance company was negligent, and that is not something you sign off on with the waiver, nor is it a reasonable expectation of the risk.
You expect the ambulance company and staff to be competent, which is a reasonable expectation.

But again, none of know any details, so it's all speculation
by reading that report they only think they were negligent in not taking the kid to the closest hospital.

i doubt that would have made a differance.....but hey a lawyer can spin anything.
1/31/2009 6:21am
i would really like to know if he was wearing a neck brace.
GHOPPER
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1/31/2009 6:44am
They probably called a different ambulance so that they could keep the contract one on site and continue racing.
Thats the way I'm reading it. If they would have used the ambulance on site, he might have already been at the hospital when he stopped breathing and had a better chance to be saved. It's sad he died.
Faceaz
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1/31/2009 7:13am
500guy wrote:
either way, it's just a bad deal for everyone.
flarider wrote:
Of course. But, without knowing any details and only what's written above, it seems the family believes the ambulance company was negligent, and that is not...
Of course.

But, without knowing any details and only what's written above, it seems the family believes the ambulance company was negligent, and that is not something you sign off on with the waiver, nor is it a reasonable expectation of the risk.
You expect the ambulance company and staff to be competent, which is a reasonable expectation.

But again, none of know any details, so it's all speculation
X2.

I think the track promoter would have to be named, because they employ the ambulance company - therefore are somewhat responsible for care provided by the amulance company.

The Shop

Void Main
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1/31/2009 7:22am
They probably called a different ambulance so that they could keep the contract one on site and continue racing.
GHOPPER wrote:
Thats the way I'm reading it. If they would have used the ambulance on site, he might have already been at the hospital when he stopped...
Thats the way I'm reading it. If they would have used the ambulance on site, he might have already been at the hospital when he stopped breathing and had a better chance to be saved. It's sad he died.
It seems odd that a track owner/promoter would have the power to dictate medical attention regardless if they are the ones that hired the ambulance. I'm not saying that they don't have that power but if they do there should probably be some rules/laws changed to take that power away.

A track owner shouldn't be able to dictate medical decisions. It would save their asses in the end and would prevent them from being named in a lawsuit for this reason (if that's why they're named in this case). If the paramedic determines they need to get someone to the hospital ASAP, well that's just the way it should have to be. Stop racing until the replacement ambulance gets to the track. Yeah it sucks for the people racing but it's better than getting your track shut down.
88sdad
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1/31/2009 7:30am
When Scott is taking over tracks and putting people out of business,
he always says.... "nothing personal, it's just business".
I feel the pain of the Turner family, but have no sympathy for Scott Davis.
It's just business, legal business.
flarider
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1/31/2009 7:38am
Isn't this the Scott Davis guy who did the WWR cape thing the first time or whatever that was?
AMA714
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1/31/2009 7:43am
Sorry for the families loss....No one ever wants to bury their child.
By the sounds of it the family is questioning how their son was checked out after the crash and deemed ok...then walked back to his pit area and collapsed. I am sure they are aware of the risks involved with MX and are not intending to shut the track down.

Lawyers need to follow the trail of liability. The track is likely named in the suit because they hired the EMT service. Lawyers are like good gamblers, and they are weighting the odds in their favor. The lawyer doesn't care what happens to the people named in the suit he is just looking to collect a settlement from the insurance companies for his clients...
FreshTopEnd
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1/31/2009 8:23am Edited Date/Time 4/16/2016 10:14pm
Anyone gets sued, everyone gets sued.


Releases in states that allow contractual assumption of the risk of negligent acts or omissions should include an express provision for release of claims for negligence acts or omissions in rescue efforts or emergency treatment.

Yes, it's that Scott Davis.
Starter Bob
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1/31/2009 8:24am
What we have going on here in UT is that the local fire departments have decided that they can make money on ambulance stuff and run the private companies out of business. We had local company called Ace Ambulance take care of our track needs for years. They always sent out their best paramedic with some newer ones to train. It was a good thing for all of us because the new guys could get more training in a weekend that they could get in months of regular work. These guys were really good, stood outside thier ambulance and watched the races, just waiting for their services to be needed. Neven had one issue with them and best of all, they knew how to treat athletes.

Then the county decided to take over the ambulance duties about there years ago. We have no choice but to use them. These guys won't even come out of the ambulance most of the time. My friend's son broke his collar bone and had to walk his son over to the ambulance and beat on the door to get them to come out and look at his son. Their service sucks most of the time. The worst part about their services is that every time they get someone who goes down hard, the whole fire department shows up with red lights and sirens going. Then we get a really biased article in the local paper about how we are such a dangerous sport.

Goverment take-overs really suck...
Starter Bob
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1/31/2009 8:25am
flarider wrote:
Isn't this the Scott Davis guy who did the WWR cape thing the first time or whatever that was?
Yes
1/31/2009 8:33am
I want to know more about the ambulance transfer that occurred. If it was just a choice made to keep the contracted bus on-site to continue racing, that's kind of messed up. But if it was necessary to call a second bus because the unit on-site was a Basic unit and they needed an ALS unit (EMTs vs paramedics, there's a difference in most places), that's kind of a standard call-for-backup situation and the EMTs may or may not have made a judgement call to wait rather than make the patient transfer en-route.

But I wasn't there and I don't know anyone involved so this is just wild speculation. If it was the case I'm sure the EMTs involved with the ambulance company can document why they decided it was the right thing to do at the time.

What sucks the most is that no amount of litigation or going over the situation with a fine-toothed comb is going to bring this family's kid back.
Cygnus
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1/31/2009 8:35am
This is just another reason to close my track to the public.

Godspeed young man.
DoubleDeuces
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1/31/2009 8:54am
this is bullshit that Scott Davis is being put to blame for this. I was at the Riverfront race when this happened, and as disappointing as it is to have a fellow racer die doing what he loves he did not have a neck brace on of any sort. He had broke his neck and literally got up and walked back to his vehicle where his parents were. He had also punctured a lung fom a broken rib causing him to start coughing up blood which ccould have led to drowning but the final cause of death was the broken neck from the fall. This is not Scott Davis' fault at all.
DoubleDeuces
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1/31/2009 8:57am
And yes, the Riverfront and E-street tracks always have an ambulence on site before they let anyone ride. There was an ambulence at the track that night of the accident the whole day
MX558
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1/31/2009 9:05am
They probably called a different ambulance so that they could keep the contract one on site and continue racing.
if that is the case then they should get sued and put out of business, that is just bullshit
redrider111
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1/31/2009 9:59am
i would really like to know if he was wearing a neck brace.
he wasn't wearing one
Tiki
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Fantasy
1/31/2009 11:05am Edited Date/Time 4/16/2016 10:15pm
CamP wrote:
Nobody should ever expect a paramedic to save their life in a situation like this. Most of the paramedics I've met didn't know their ass from...
Nobody should ever expect a paramedic to save their life in a situation like this. Most of the paramedics I've met didn't know their ass from a hole in the ground. Sorry Tiki but that's the truth.

My brother was a Care Flight pilot for 15 years. He said that if CPR is required for trauma, you have about a 1% chance of surviving, no matter who is performing it.
Hey you are in Texas... what did you expect? Not a problem Camp.


Its a tough deal. Lot of things could have happend and the movement could have exasperated it. Suing for negligence it comes down to proving that the medics/EMT's knew of the problem and ignored it. Same with the track. It has to be proven that the problem existed and it was neglectful or laziness that prevented anyone from assisting.


And CPR is assisting but its not guaranteeing anything. If you have seen CPR done correctly you will have to agree, its a violent and vicious thing to be doing to a person, but if it means life, what is broken ribs, pneumonia potential Staph infection?


Feel bad for the family for losing the child. Not real pleased with them feeling they have to sue someone to get financial gain from this, that's just me.
1
bullpen58
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1/31/2009 11:50am
Tiki wrote:
Hey you are in Texas... what did you expect? Not a problem Camp. Its a tough deal. Lot of things could have happend and the movement...
Hey you are in Texas... what did you expect? Not a problem Camp.


Its a tough deal. Lot of things could have happend and the movement could have exasperated it. Suing for negligence it comes down to proving that the medics/EMT's knew of the problem and ignored it. Same with the track. It has to be proven that the problem existed and it was neglectful or laziness that prevented anyone from assisting.


And CPR is assisting but its not guaranteeing anything. If you have seen CPR done correctly you will have to agree, its a violent and vicious thing to be doing to a person, but if it means life, what is broken ribs, pneumonia potential Staph infection?


Feel bad for the family for losing the child. Not real pleased with them feeling they have to sue someone to get financial gain from this, that's just me.
I'm not so sure that it's the family that's choosing to sue anyone. Unless you know this for sure, I wouldn't start casting any stones.

Most of the time, these type of lawsuits are filed by the fat, greedy, businessmen of those huge, conglomerate insurance companies. Whenever ANYONE files a claim, they do everything they can to deny payment.

I'm assuming the guy who died had some sort of insurance and that his family is entitled to a hefty (at least in the eyes of the big, fat, greedy businessmen sucking on their big brown penis shaped cigars) payment. The slimeball businessmen are in the business of TAKING money and don't like giving it away for any reason.

If they DO have to pay, they'll do whatever they can to get their money back from anyone and everyone they can. THAT's who files all these frivalous law suits. The fact that we all sign a release doesn't mean anything to a big, fat, slimeball insurance exec sucking on a big brown cigar while playing golf with the other douchebag businessmen and coming up with even more scandalous ways to steal money from people.

Sucks for the family. Here's wishing them well.
andymoto
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1/31/2009 11:51am Edited Date/Time 4/16/2016 10:15pm
88sdad wrote:
When Scott is taking over tracks and putting people out of business, he always says.... "nothing personal, it's just business". I feel the pain of the...
When Scott is taking over tracks and putting people out of business,
he always says.... "nothing personal, it's just business".
I feel the pain of the Turner family, but have no sympathy for Scott Davis.
It's just business, legal business.
Thought he had only two; E and Riverfront.
He got E reopened after the county closed it; Riverfront he just had a bid the other couldn't or wouldn't match it.

Where are the rest of the tracks and which track owners did he put outta biz?...So sad for the young man....none of us like hearing this.
Tiki
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1/31/2009 11:57am
bullpen58 wrote:
I'm not so sure that it's the family that's choosing to sue anyone. Unless you know this for sure, I wouldn't start casting any stones. Most...
I'm not so sure that it's the family that's choosing to sue anyone. Unless you know this for sure, I wouldn't start casting any stones.

Most of the time, these type of lawsuits are filed by the fat, greedy, businessmen of those huge, conglomerate insurance companies. Whenever ANYONE files a claim, they do everything they can to deny payment.

I'm assuming the guy who died had some sort of insurance and that his family is entitled to a hefty (at least in the eyes of the big, fat, greedy businessmen sucking on their big brown penis shaped cigars) payment. The slimeball businessmen are in the business of TAKING money and don't like giving it away for any reason.

If they DO have to pay, they'll do whatever they can to get their money back from anyone and everyone they can. THAT's who files all these frivalous law suits. The fact that we all sign a release doesn't mean anything to a big, fat, slimeball insurance exec sucking on a big brown cigar while playing golf with the other douchebag businessmen and coming up with even more scandalous ways to steal money from people.

Sucks for the family. Here's wishing them well.
True, I dont know who is behind the lawsuit. The post title lead me to believe that the family is suing. It makes it insult to injury that the family has to pay. The sad part of life.
bullpen58
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1/31/2009 12:04pm
Tiki,

I'm sure you're not the only one who assumed that it was the family's choice to sue. My comment was directed at everyone as much as it was at you. It's sad, the way things have become.

bullpen58
FreshTopEnd
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1/31/2009 12:12pm Edited Date/Time 1/31/2009 12:16pm
The lawyer involved is one of the higher profiled PI/BI trial lawyers in the area and not an insurance subrogation lawyer trying to recoup expenses paid out by an insurance co. Guys like him usually don't get involved unless they want to pin a big one on somebody. That said, even those firms keep a roster of cases they simply try to mine for policy max settlements. You can be sure that any med insurance company or hospital involved with file a lien against any recovery. That's usually how it goes most of the time; they siphon it off the private case rather than start their own subrogation case. Then they can ride the coattails of the underlying liability case without incurring a lot of legal expenses.
BobbyM
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1/31/2009 12:20pm
88sdad wrote:
When Scott is taking over tracks and putting people out of business, he always says.... "nothing personal, it's just business". I feel the pain of the...
When Scott is taking over tracks and putting people out of business,
he always says.... "nothing personal, it's just business".
I feel the pain of the Turner family, but have no sympathy for Scott Davis.
It's just business, legal business.
what kinda stupid jackoff statement is that in this kinda thread? afuckingmazing...
88sdad
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1/31/2009 12:48pm
88sdad wrote:
When Scott is taking over tracks and putting people out of business, he always says.... "nothing personal, it's just business". I feel the pain of the...
When Scott is taking over tracks and putting people out of business,
he always says.... "nothing personal, it's just business".
I feel the pain of the Turner family, but have no sympathy for Scott Davis.
It's just business, legal business.
andymoto wrote:
Thought he had only two; E and Riverfront. He got E reopened after the county closed it; Riverfront he just had a bid the other couldn't...
Thought he had only two; E and Riverfront.
He got E reopened after the county closed it; Riverfront he just had a bid the other couldn't or wouldn't match it.

Where are the rest of the tracks and which track owners did he put outta biz?...So sad for the young man....none of us like hearing this.
Well Andy, you call it out bid, I call it steal;ing Charlies track.
The others are when he came to Reno and tried to take a couple of our tracks the same way (Stead, Fernley).



andymoto
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1/31/2009 1:07pm
88sdad wrote:
When Scott is taking over tracks and putting people out of business, he always says.... "nothing personal, it's just business". I feel the pain of the...
When Scott is taking over tracks and putting people out of business,
he always says.... "nothing personal, it's just business".
I feel the pain of the Turner family, but have no sympathy for Scott Davis.
It's just business, legal business.
andymoto wrote:
Thought he had only two; E and Riverfront. He got E reopened after the county closed it; Riverfront he just had a bid the other couldn't...
Thought he had only two; E and Riverfront.
He got E reopened after the county closed it; Riverfront he just had a bid the other couldn't or wouldn't match it.

Where are the rest of the tracks and which track owners did he put outta biz?...So sad for the young man....none of us like hearing this.
88sdad wrote:
Well Andy, you call it out bid, I call it steal;ing Charlies track. The others are when he came to Reno and tried to take a...
Well Andy, you call it out bid, I call it steal;ing Charlies track.
The others are when he came to Reno and tried to take a couple of our tracks the same way (Stead, Fernley).



Charlie never owned the track to begin with so get your facts straight.

And this thread isn't about stealing tracks so take your hate elsewhere.
88sdad
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Poeville, NV, USA
1/31/2009 1:33pm
According to the Marysville Appeal-Democrat:

After 30 years of staging races at the Marysville Motocross Track in the Beckwourth Riverfront Park, Charlie Sexton's last race is slated for Sunday. Sexton's agreement with the city of Marysville expires Feb. 1.

"I'm going to miss it," Sexton said. "We've enjoyed a very loyal following." Scott Davis, who has run the E Street Motocross track on the Shad Pad river bottom in Marysville for more than two years, will take over operations at the riverfront track."It's strictly a business deal," Davis said.
andymoto
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1/31/2009 1:49pm
Sexton's agreement with the city of Marysville expires Feb. 1.

Short 43
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1/31/2009 2:11pm
I haven't kept up with the whole post, but if you can't accept the consequences of racing then don't race. Every time I race, I know that it could be my last race. For those that race, they should be willing to accept the worst thing that can happen to them. There are worst things than dying though............... I fear being paralyzed from neck down.
1
88sdad
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1/31/2009 2:30pm
I know Charlie didn't own River front, but after 30 years it seemed like it. The agreement only ran out, because Charlie lost the bid.
Scott came here to Reno and applied for permits to hold races on BLM land in Stead, where someone else has been holding races for years. There are only a limited amount of races that can be held there (5). All I'm saying is, can't he make his own track or does he always have to take over someone elses.
I'm sorry and I don't want to cause problems, I know you know everything that goes on in NorCal MX and I respect your opinion, mines just different.

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