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Edited Date/Time
7/9/2022 9:42am
The document says quote “As a direct and proximate result of the defendants (Feld Entertainment) individual and collective negligence, gross negligence, and or reckless disregard for the life, health, safety and well being of plaintiff - who had just turned 18 years old two weeks before the race - plaintiff is now parapelegic.”
The people being blamed for this collective negligence consist of the Feld agents, employees directors, representatives, affiliates, contractors, race directors, flaggers, flag marshal, and the alpinestar medical crew
Pretty interesting, and definitely sucks.
https://dockets.justia.com/docket/florida/flmdce/8:2022cv01295/402385
https://unicourt.com/case/pc-db5-moreau-v-feld-entertainment-inc-et-al-…
The people being blamed for this collective negligence consist of the Feld agents, employees directors, representatives, affiliates, contractors, race directors, flaggers, flag marshal, and the alpinestar medical crew
Pretty interesting, and definitely sucks.
https://dockets.justia.com/docket/florida/flmdce/8:2022cv01295/402385
https://unicourt.com/case/pc-db5-moreau-v-feld-entertainment-inc-et-al-…
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I’m certainly not a fan of frivolous litigation, and in this situation the Moreau’s seem to have a legitimate bitch.
The fact that no red flag was initiated in the practice session at all is going to be difficult to defend from an event safety standpoint
Even ML's instagram post mentioned how hard it was to see the sequence of photos, and that they could do better.
Implied risk goes with many high speed, and graviry sports.
As a former DH racer, and Skydiver I'm well aware of the risks.
That's a given.
Mishandling the medical care is not.
https://www.instagram.com/reel/CdOsyGPoSrA/?utm_source=ig_web_copy_link
So what point are you trying to make?
We do it anyway.
We even sign releases acknowledging these facts.
Then, shit goes sideways. In Brian’s case…REAL sideways.
While I COMPLETELY disagree with the whole lawsuit, I have to look at this from Brian’s position and when I do…
I almost kinda “get it”.
But, at the end of the day…
No one but Brian is responsible for being out there on the track.
Sad; but, true.
Pit Row
If the way he was handled DID have an effect on his paralysis do you still think the lawsuit is shit?
Edit: No it didn't but I just did myself as this one is less snarky
So cause he's got a nice car means he doesn't deserve compensation? The pictures of him being dragged off the track and sat in a mule during PRACTICE looked pretty fucken bad
It is a negligence suit. The legal burden is: "lack of any care or an extreme departure from what a reasonably careful person would do in the same situation"
This case seems pretty easy to prove they did not act accordingly to the above. Whether or not you think moto is dangerous is moot or if they 100% made him paraplegic isn’t quite the case. they only have to prove the above.
Paramedics have to abide by protocols and standing orders that tell you what to do in a given situation. There’s a TON and you better know them all or there can be legal issues you’ll have to deal with. The stuff they did given the event Brian went through was pretty egregious and goes against all protocols on a national, state, and local level depending on what you fall under when acting as a medic.
No reasonable and competent paramedic would do what they did. You bet they are gonna have other paramedics testify against how the Astars team did not act as they would in that same situation.
They can come up with a number for his injuries, say $10 million, and then place 25% of the blame on the crew and they will be on the hook for $2.5 million. That's probably oversimplifying things but it's the gist.
I haven't seen video or photos of how the medical crew handled the incident but I think everyone knows if you have a head or neck injury it is absolutely paramount not to move the patient and if you do have to move them to be extremely gentle and take precautions. If they crew acted as many have stated and there is evidence of it, he's probably got a good case.
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