Washougal MX being sued---

Lester wrote:

Someone help me understand here. If it is the insurance company suing, then why is Barnes named as the one suing?

Lester wrote:

Someone help me understand here. If it is the insurance company suing, then why is Barnes named as the one suing?

Dirty Points wrote:

It has already been discussed exhaustively in this thread.

(But we don't know the situation).

303eaze wrote:

The part naming McNeil is completely ridiculous. No one in history has ever [url=https://www.google.com/search?q=race+crash+into+stands&oq=race+crash+into+stands&aqs=chrome..69i57.11176j0j4&sourceid=chrome&ie=UTF-8]lost control during a race[/url]... [i]The suit states that McNeil is liable for...

The part naming McNeil is completely ridiculous. No one in history has ever lost control during a race...

The suit states that McNeil is liable for failing to exercise ordinary care while operating his bike, carelessly and negligently driving, failing to keep his bike on the track, failing to keep a proper lookout while operating his bike and failing to maintain his bike in good working order

sickboy3636 wrote:

Insurance company ain't to blame.....he's bringing the suit. And with that said, its idiots like this that strategically get our riding areas shut down one by...

Insurance company ain't to blame.....he's bringing the suit. And with that said, its idiots like this that strategically get our riding areas shut down one by one and the reason people are so terrified to have dirt bikes and ATV's on their property. He knew the risk, its a damn MX track.....people can say he's, "core".....but I say bullsh!t with what I see at this time. There was other ways to get help with his med bills then to bring this asinine frivolous lawsuit.

Lester wrote:

Someone help me understand here. If it is the insurance company suing, then why is Barnes named as the one suing?

Dirty Points wrote:

It has already been discussed exhaustively in this thread.

(But we don't know the situation).

Lester wrote:

Explain it to me like I'm 5.
Edit: nevermind, Alpman99 explained it well enough. I missed his response.

FreshTopEnd wrote:

[img]https://www.deniskitchen.com/mm5/graphics/00000001/MNPC.167.B.gif[/img]

FreshTopEnd wrote:

[img]https://www.deniskitchen.com/mm5/graphics/00000001/MNPC.167.B.gif[/img]

GuyB wrote:

The notes are funny... The lawsuit not so much. I'd heard about this a while back. I know the bills are huge, but I have trouble...

The notes are funny...

The lawsuit not so much.

I'd heard about this a while back. I know the bills are huge, but I have trouble believing that Bruce would do this on his own.

For some of the folks who have never met Bruce, I get that you have your opinion, but the name-calling is unnecessary.

GuyB wrote:

The notes are funny... The lawsuit not so much. I'd heard about this a while back. I know the bills are huge, but I have trouble...

The notes are funny...

The lawsuit not so much.

I'd heard about this a while back. I know the bills are huge, but I have trouble believing that Bruce would do this on his own.

For some of the folks who have never met Bruce, I get that you have your opinion, but the name-calling is unnecessary.

TJ 755 wrote:

I can envision a scenario where an individual with an incredible bill that a regular person could not possible afford being forced to prove that he...

I can envision a scenario where an individual with an incredible bill that a regular person could not possible afford being forced to prove that he tried, did what he could, went after the facility and failed to reach a monetary judgement just to help relieve or possibly mitigate the costs.
Can't get blood out of a turnip.

pilotdude wrote:

Bruce and I have worked the S turns at the national for a long time. I was there the day this happened. I just saw him...

Bruce and I have worked the S turns at the national for a long time. I was there the day this happened. I just saw him today at Moutain View practice and talked with him about this situation, and have been privy to pretty much everything from the get go. What I will say is that the vast majority of people here have virtually no information, yet are making huge assumptions about both the situation and the man himself.

kkawboy14 wrote:

1) In America you cannot sign away all liability and you can not cover all liability by a contract. There is always some wiggle room in...

1) In America you cannot sign away all liability and you can not cover all liability by a contract. There is always some wiggle room in the laws.

2) Not everyone would know all the risks involved.

3) Based on what I read, he's gonna win a lot of money!

4) If he got paid any amount of money or merchandise or free entry and food to be a "volunteer", he's gonna win a lot more than a lot of money.

jeffro503 wrote:

To be honest....the whole deal is sad. From start to end. I have and always will dig Brian. Bruce , I did a lot of racing...

To be honest....the whole deal is sad. From start to end. I have and always will dig Brian. Bruce , I did a lot of racing with him back in the day and talked a lot with him before and after the races. They are two completely different people.

I can understand the difficulties of paying bills and so forth after being injured in this sport. My worst one was in 2005 , and after 3 weeks in the hospital and 3 months out of work.....I get where this is coming from. My injury was due to an idiot rider who went backwards on the track and hit me head on....and at the time , the flaggers did nothing to stop him. 30 broken bones later and about $200,000 , was it the tracks fault?......yes it was. But you know what? I knew ( and still know ) the risks of this sport. Weather it being on the bike or holding a flag.

My personal opinion is , I would never sue a track. That's my moral code , and it's why I never did. It took me a year to crawl out of that hole and be able to even pay for any medical bills.

I don't know Bruce's whole story here. But I will say , if you can't afford to get hurt , or have some back up plan.....you shouldn't be any where near this sport!

kkawboy14 wrote:

1) In America you cannot sign away all liability and you can not cover all liability by a contract. There is always some wiggle room in...

1) In America you cannot sign away all liability and you can not cover all liability by a contract. There is always some wiggle room in the laws.

2) Not everyone would know all the risks involved.

3) Based on what I read, he's gonna win a lot of money!

4) If he got paid any amount of money or merchandise or free entry and food to be a "volunteer", he's gonna win a lot more than a lot of money.

CalRMX wrote:

1) You can sign away all liability, and the facility is covered, as long as they are not negligent. If the plaintiff can prove negligence, then...

1) You can sign away all liability, and the facility is covered, as long as they are not negligent. If the plaintiff can prove negligence, then the waiver doesn't hold up.

2) apparently the plaintiff had been going there for many years, so knew the risks involved.

jeffro503 wrote:

To be honest....the whole deal is sad. From start to end. I have and always will dig Brian. Bruce , I did a lot of racing...

To be honest....the whole deal is sad. From start to end. I have and always will dig Brian. Bruce , I did a lot of racing with him back in the day and talked a lot with him before and after the races. They are two completely different people.

I can understand the difficulties of paying bills and so forth after being injured in this sport. My worst one was in 2005 , and after 3 weeks in the hospital and 3 months out of work.....I get where this is coming from. My injury was due to an idiot rider who went backwards on the track and hit me head on....and at the time , the flaggers did nothing to stop him. 30 broken bones later and about $200,000 , was it the tracks fault?......yes it was. But you know what? I knew ( and still know ) the risks of this sport. Weather it being on the bike or holding a flag.

My personal opinion is , I would never sue a track. That's my moral code , and it's why I never did. It took me a year to crawl out of that hole and be able to even pay for any medical bills.

I don't know Bruce's whole story here. But I will say , if you can't afford to get hurt , or have some back up plan.....you shouldn't be any where near this sport!

jeffro503 wrote:

To be honest....the whole deal is sad. From start to end. I have and always will dig Brian. Bruce , I did a lot of racing...

To be honest....the whole deal is sad. From start to end. I have and always will dig Brian. Bruce , I did a lot of racing with him back in the day and talked a lot with him before and after the races. They are two completely different people.

I can understand the difficulties of paying bills and so forth after being injured in this sport. My worst one was in 2005 , and after 3 weeks in the hospital and 3 months out of work.....I get where this is coming from. My injury was due to an idiot rider who went backwards on the track and hit me head on....and at the time , the flaggers did nothing to stop him. 30 broken bones later and about $200,000 , was it the tracks fault?......yes it was. But you know what? I knew ( and still know ) the risks of this sport. Weather it being on the bike or holding a flag.

My personal opinion is , I would never sue a track. That's my moral code , and it's why I never did. It took me a year to crawl out of that hole and be able to even pay for any medical bills.

I don't know Bruce's whole story here. But I will say , if you can't afford to get hurt , or have some back up plan.....you shouldn't be any where near this sport!

Casting wrote:

Jeffro, I respect your resilience during recovery and holding firm to your moral standards even when the future was probably looking very challenging. Being posted up...

Jeffro, I respect your resilience during recovery and holding firm to your moral standards even when the future was probably looking very challenging.

Being posted up in a hospital bed for weeks, knowing getting back to work is not going to be easy, I think I could be hard to not go after that extra money through a lawsuit, but you showed what moto is all about. Respect.

pilotdude wrote:

Bruce and I have worked the S turns at the national for a long time. I was there the day this happened. I just saw him...

Bruce and I have worked the S turns at the national for a long time. I was there the day this happened. I just saw him today at Moutain View practice and talked with him about this situation, and have been privy to pretty much everything from the get go. What I will say is that the vast majority of people here have virtually no information, yet are making huge assumptions about both the situation and the man himself.

Landshark wrote:

Not a fan of frivolous lawsuits but I'm sure Washougal has insurance and suing the track is the only way to get their insurance policy to...

Not a fan of frivolous lawsuits but I'm sure Washougal has insurance and suing the track is the only way to get their insurance policy to pay.

I crashed a friends car in college and was sued. His insurance covered me as a driver, so he was essentially suing his insurance company.

Landshark wrote:

Not a fan of frivolous lawsuits but I'm sure Washougal has insurance and suing the track is the only way to get their insurance policy to...

Not a fan of frivolous lawsuits but I'm sure Washougal has insurance and suing the track is the only way to get their insurance policy to pay.

I crashed a friends car in college and was sued. His insurance covered me as a driver, so he was essentially suing his insurance company.

kkawboy14 wrote:

Lots of insurance pays off without a lawsuit. My mother in law broke her ankle walking into a Publix grocery store, tripped on the carpet at...

Lots of insurance pays off without a lawsuit. My mother in law broke her ankle walking into a Publix grocery store, tripped on the carpet at the entrance. Their insurance sent a $25k check and a release form. No lawsuit involved at all.