Lawsuit against feld from Brian Moreau

BigBoreFan58
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BigBoreFan58 7/6/2022 8:57pm
7/6/2022 8:57pm
Zycki11 wrote:
I will always find this rubbish. This was a sport you knew inherently had large risks and CHOSE to do. To turn around and sue after...
I will always find this rubbish. This was a sport you knew inherently had large risks and CHOSE to do. To turn around and sue after things didn’t work out well I personally feel is a chicken shit low class move
FELD SX is the big time, it ain't Chicken Licks raceway. They should be held to a higher standard.
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brocster
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brocster 7/6/2022 9:15pm
7/6/2022 9:15pm
inthebadboycorner wrote:
Yes, racing mx or sx is dangerous. But if his injuries are due to action of others after his crash, well that's a different story. Afterall...
Yes, racing mx or sx is dangerous. But if his injuries are due to action of others after his crash, well that's a different story. Afterall in this case it's a profession sport with what should be professional support workers.

Zycki11 wrote:
That will be the hardest part... How can a medical professional state with supportive evidence that the actions by the crew resulted in injury? I have...
That will be the hardest part... How can a medical professional state with supportive evidence that the actions by the crew resulted in injury? I have seen many a back xrays etc and you really can't "prove" it. It is a terrible thing either way, I just don't see a good outcome unless Feld decides to settle without a court appearance
tuttle425 wrote:
They don't necessarily need to prove that the actions taken by the crew resulted in injury. They only have to show that the negligent actions taken...
They don't necessarily need to prove that the actions taken by the crew resulted in injury. They only have to show that the negligent actions taken by the crew contributed to the severity of his injury. Civil cases are not "guiltly/not guilty". If plaintiffs counsel can convince the jury that negligence on the part of the crew played a part in the severity of his injury then he can win in court.

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.
and to boot they did these things so that “practice” could go on un interrupted. Until it is recognized that when a rider is down on the track that his care is the single most important thing happening, yes more than the race and especially practice, they can and will be held responsible for anything further that happens to the downed rider or the medics by another out of control rider. Boggles my mind that they pull tuff blocks as a “barrier” rather than slow the riders to a crawl or even full stop.

Bottom line is insurance companies don’t want to pay for injuries so they try like hell to get others to cover it and this is what we end up with. Ever get those “questionnaires” from you insurance co.????

This very well could change the sport forever.
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DD325
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DD325 7/6/2022 9:23pm
7/6/2022 9:23pm
Zycki11 wrote:
I will always find this rubbish. This was a sport you knew inherently had large risks and CHOSE to do. To turn around and sue after...
I will always find this rubbish. This was a sport you knew inherently had large risks and CHOSE to do. To turn around and sue after things didn’t work out well I personally feel is a chicken shit low class move
PFitzG38 wrote:
Everyone needs to understand this is probably his insurance company that is sueing, regardless if he wants them to or not - or at least it...
Everyone needs to understand this is probably his insurance company that is sueing, regardless if he wants them to or not - or at least it could be.
tuttle425 wrote:
Brian Moreau is listed as the plaintiff. Wouldn't his insurance company be listed as plaintiff if they were the ones filing suit?
No, they will be listed first as first payee in subrogation. Basically, any money paid out will reimburse the insurance company 100% before Brian sees a dime.
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TeamGreen
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TeamGreen 7/6/2022 9:24pm
7/6/2022 9:24pm
TeamGreen wrote:
Motocross (or Supercross, in this case) is dangerous as FU{<. We do it anyway. We even sign releases acknowledging these facts. Then, shit goes sideways. In...
Motocross (or Supercross, in this case) is dangerous as FU{<.
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.
Chris99Flannery wrote:
So Deathcross.

If the way he was handled DID have an effect on his paralysis do you still think the lawsuit is shit?
You don’t have to like what I wrote.

But, at the end of the day, a release was signed.
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jstein639
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jstein639 7/6/2022 9:29pm
7/6/2022 9:29pm
zehn wrote:
Would love to read the whole complaint. Interested how they allege the required elements of negligence
The lawsuit centers on Moreau's care from the Alpinestars mobile medical unit at the 2020 Tampa supercross. Basically, the lawsuit alleges that Feld is vicariously liable for the Alpinestars Mobile Medical unit's and various other employees' actions. Allegedly, Bodnar and a track worker lifted Moreau up by his armpits after he complained of tingling indicative of a spinal chord injury, put him upright in a mule without a cervical neck collar, pulled his helmet off in a way that wasn't in line with existing procedures, and a myriad of other similar allegations about poor procedures and lack of due care. They allege that there was a duty to act by the medical staff, and the duty was breached through the last sentence's allegations. Causation is fairly easy to imagine after that, and the damages are medical bills, lost income, etc.

In essence, he's basically saying that Feld's actions after the crash were a significant contributing factor to the severity of his injury.

Don't take what I say as legal advice, I'm just regurgitating what I read.
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Dirty Points 7/6/2022 9:42pm
7/6/2022 9:42pm Edited Date/Time 7/6/2022 9:45pm
TeamGreen wrote:
Motocross (or Supercross, in this case) is dangerous as FU{<. We do it anyway. We even sign releases acknowledging these facts. Then, shit goes sideways. In...
Motocross (or Supercross, in this case) is dangerous as FU{<.
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.
Chris99Flannery wrote:
So Deathcross.

If the way he was handled DID have an effect on his paralysis do you still think the lawsuit is shit?
TeamGreen wrote:
You don’t have to like what I wrote.

But, at the end of the day, a release was signed.
Can't sign away gross negligence, as is alleged in suit.

Waiver won't factor, except back when determining grounds.
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gerg
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gerg 7/6/2022 9:50pm
7/6/2022 9:50pm
TeamGreen wrote:
Motocross (or Supercross, in this case) is dangerous as FU{<. We do it anyway. We even sign releases acknowledging these facts. Then, shit goes sideways. In...
Motocross (or Supercross, in this case) is dangerous as FU{<.
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.
Chris99Flannery wrote:
So Deathcross.

If the way he was handled DID have an effect on his paralysis do you still think the lawsuit is shit?
TeamGreen wrote:
You don’t have to like what I wrote.

But, at the end of the day, a release was signed.
I think we can all agree on the sport being dangerous and it probably in the back of most riders minds at some point or other, but I don't think a connection should be made that just because it's dangerous and that waivers are signed, the possibility of negligence from any party should be accepted.

There are standards set by any sporting body, it's why there jobs like flagging, or scrutineers going over riders bikes, to mitigate the risk.
There would also be standards for medical personal on how to treat a suspected spinal injury and if this is the case here, I'd be surprised if a signed release would cover that. If it does then it should change.

A kid yelling in pain that something is not right with his back/neck shouldn't be answered with "you signed a release buddy the sports dangerous so we're gonna drop kick you up onto the mule".
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PFitzG38
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PFitzG38 7/6/2022 9:53pm
7/6/2022 9:53pm
tuttle425 wrote:
Brian Moreau is listed as the plaintiff. Wouldn't his insurance company be listed as plaintiff if they were the ones filing suit?
I’d be the wrong person to ask about that, but I do know the majority of lawsuits I’ve heard of against tracks was from ins companies going after the deepest pockets without the injured parties cooperation
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-MAVERICK-
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-MAVERICK- 7/6/2022 9:56pm
7/6/2022 9:56pm
TeamGreen wrote:
Motocross (or Supercross, in this case) is dangerous as FU{<. We do it anyway. We even sign releases acknowledging these facts. Then, shit goes sideways. In...
Motocross (or Supercross, in this case) is dangerous as FU{<.
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.
Chris99Flannery wrote:
So Deathcross.

If the way he was handled DID have an effect on his paralysis do you still think the lawsuit is shit?
TeamGreen wrote:
You don’t have to like what I wrote.

But, at the end of the day, a release was signed.
Release or no release, I'm pretty sure medics have certain protocols to follow when they suspect a neck or back injury. I'm not a medic, but this doesn't look like proper care to me.




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Nathaniel129 7/6/2022 10:42pm
7/6/2022 10:42pm
-MAVERICK- wrote:
Release or no release, I'm pretty sure medics have certain protocols to follow when they suspect a neck or back injury. I'm not a medic, but...
Release or no release, I'm pretty sure medics have certain protocols to follow when they suspect a neck or back injury. I'm not a medic, but this doesn't look like proper care to me.




If he actually communicated any hint of a spinal injury, then those pictures absolutely prove negligence, in my opinion.
It will be incredibly hard to argue otherwise. If that was my kid in that situation, I'd be absolutely livid, and I'd pursue legal action as well. To make sure that NEVER happens again.
I don't know Bodnar or any of the other Alpinestars Med crew, and I'm sure they are there for the right reasons. Doesn't mean they are infallible, though. This looks really really bad...
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jbrown15
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jbrown15 7/6/2022 10:50pm
7/6/2022 10:50pm
-MAVERICK- wrote:
Release or no release, I'm pretty sure medics have certain protocols to follow when they suspect a neck or back injury. I'm not a medic, but...
Release or no release, I'm pretty sure medics have certain protocols to follow when they suspect a neck or back injury. I'm not a medic, but this doesn't look like proper care to me.




Nathaniel129 wrote:
If he actually communicated any hint of a spinal injury, then those pictures absolutely prove negligence, in my opinion. It will be incredibly hard to argue...
If he actually communicated any hint of a spinal injury, then those pictures absolutely prove negligence, in my opinion.
It will be incredibly hard to argue otherwise. If that was my kid in that situation, I'd be absolutely livid, and I'd pursue legal action as well. To make sure that NEVER happens again.
I don't know Bodnar or any of the other Alpinestars Med crew, and I'm sure they are there for the right reasons. Doesn't mean they are infallible, though. This looks really really bad...
Those pictures are hard to look at knowing the extent of Brian’s injuries.
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Nathaniel129 7/6/2022 10:53pm
7/6/2022 10:53pm
jbrown15 wrote:
Those pictures are hard to look at knowing the extent of Brian’s injuries.
Hard to not feel sick to your stomach knowing what the outcome was....
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inthebadboycorner 7/6/2022 11:12pm
7/6/2022 11:12pm
TeamGreen wrote:
Motocross (or Supercross, in this case) is dangerous as FU{<. We do it anyway. We even sign releases acknowledging these facts. Then, shit goes sideways. In...
Motocross (or Supercross, in this case) is dangerous as FU{<.
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.
Chris99Flannery wrote:
So Deathcross.

If the way he was handled DID have an effect on his paralysis do you still think the lawsuit is shit?
TeamGreen wrote:
You don’t have to like what I wrote.

But, at the end of the day, a release was signed.
What sort of things does a release say in it,
Does it cover actions by all staff?

I have never seen an AMA release.
Nathaniel129 7/6/2022 11:19pm
7/6/2022 11:19pm
The more you evaluate what's going on in those pictures, the harder it gets to give them the benefit of the doubt.
I just can't come up with a reason carrying/dragging him off the track was a good decision. By medical PROFESSIONALS nonetheless.
If he's hurt bad enough he can't stand or walk, why the hell would you not assume a spinal injury?
Maybe he didn't communicate numbness or tingling like has been reported. In my opinion he didn't even have to communicate that. They wouldn't be dragging/carrying him if they didn't know something was very very wrong....
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jstein639
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jstein639 7/7/2022 12:08am
7/7/2022 12:08am
Nathaniel129 wrote:
The more you evaluate what's going on in those pictures, the harder it gets to give them the benefit of the doubt. I just can't come...
The more you evaluate what's going on in those pictures, the harder it gets to give them the benefit of the doubt.
I just can't come up with a reason carrying/dragging him off the track was a good decision. By medical PROFESSIONALS nonetheless.
If he's hurt bad enough he can't stand or walk, why the hell would you not assume a spinal injury?
Maybe he didn't communicate numbness or tingling like has been reported. In my opinion he didn't even have to communicate that. They wouldn't be dragging/carrying him if they didn't know something was very very wrong....
In his complaint he alleges that he did report numbness and unusual sensations to the first persons on the scene.
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Sawfish
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Sawfish 7/7/2022 12:16am
7/7/2022 12:16am Edited Date/Time 7/7/2022 12:17am
jbrown15 wrote:
Those pictures are hard to look at knowing the extent of Brian’s injuries.
They are horrible to look at. But I’m glad they are not being hidden behind litigation (yet).

I’m a dumbass desert rat and even I know that medic 101 is put someone on a backboard if there is even a hint of a cunt hair of a chance that there may be an injury to the neck or back.
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MKMX
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MKMX 7/7/2022 12:34am
7/7/2022 12:34am
Something I hope that comes of this, regardless of the way the suit goes, is that all those involved take a serious look at the way Brian was treated and how he was removed from the track and immediate changes are made. I can’t comment as to whether the way he was assisted did or didn’t contribute, what is for certain though, is that every measure possible wasn’t taken to ensure it didn’t and that’s scary.
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Motofinne
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Motofinne 7/7/2022 1:33am
7/7/2022 1:33am
I feel sick seeing those pictures and knowing what we know. I actually tipped off one of the biggest MotoGP journalists that focuses a lot on safety and stewarding in MotoGP about this case.
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gerg
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gerg 7/7/2022 2:25am
7/7/2022 2:25am Edited Date/Time 7/7/2022 2:27am
TeamGreen wrote:
Motocross (or Supercross, in this case) is dangerous as FU{<. We do it anyway. We even sign releases acknowledging these facts. Then, shit goes sideways. In...
Motocross (or Supercross, in this case) is dangerous as FU{<.
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.
Apologies TeamGreen I replied earlier but want to reply again and I'm not trying to pile on as generally your posts are great...there's just one sentence that stood out.

With respect...regarding it being Brian being responsible for being on the track...I agree that it was Brian who was responsible for being out there on the track...that's a given.

But surely the responsibility for him leaving the track was in the hands of the medical crew as he was not able to do so...and the medical crew chose to remove Brian from the track in a questionable manner.

It's a shitty situation either side of the fence but hoping lessons can be learned...the pics Mav posted aren't great.
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thatswhathappens 7/7/2022 5:06am
7/7/2022 5:06am
TeamGreen wrote:
Motocross (or Supercross, in this case) is dangerous as FU{<. We do it anyway. We even sign releases acknowledging these facts. Then, shit goes sideways. In...
Motocross (or Supercross, in this case) is dangerous as FU{<.
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.
If it was a lawsuit against Feld because he simply got hurt riding, then yeah, that would be ridiculous. But how can you look at the pics of the medical team carrying off a rider with a potential neck/spine injury by his fucking armpits and “COMPLETELY” disagree with the lawsuit?

They fucked up, it’s clear as day.
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Bearuno
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Bearuno 7/7/2022 5:24am
7/7/2022 5:24am
Is that Green thing we can see in the back of the Mule a splitting back board? If so, seeing the young bloke being moved like that adds another horrific element to the picture.

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johnk408
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johnk408 7/7/2022 5:27am
7/7/2022 5:27am
PFitzG38 wrote:
Everyone needs to understand this is probably his insurance company that is sueing, regardless if he wants them to or not - or at least it...
Everyone needs to understand this is probably his insurance company that is sueing, regardless if he wants them to or not - or at least it could be.
Was going to say the same thing, had a friend paralyzed at a local race. His insurance sued everyone they could, including the company who's logo was on the hay bale cover that grabbed his rear brake lever that caused him to wreck.
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OldPro277
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OldPro277 7/7/2022 6:23am
7/7/2022 6:23am
TeamGreen wrote:
You don’t have to like what I wrote.

But, at the end of the day, a release was signed.
Manny, I usually agree with most of your posts/thoughts ,but I'm not sure why you're taking this approach. I know none of us want a major lawsuit to negatively affect the AMA MX/SX series or any team or entity (ie. Alpinestars Med) involved, BUT this type of incident needs to addressed so it never happens again.


Also, its been many, many moons since I signed an AMA Pro racing release form, but I do not recall it releasing liability of anyone performing an act of gross negligence. Perhaps I'm wrong on this.
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resetjet
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resetjet 7/7/2022 6:36am
7/7/2022 6:36am
Its time we go to a society of the indeminity insurance for all activities of inherent risk. If you want to participate, you have to purchase your own insurance and that will be the sole remuneration for any claims.
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TXDirt
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TXDirt 7/7/2022 6:44am
7/7/2022 6:44am
He’s not suing because he got hurt. He’s suing for inadequate (negligent) medical care immediately after the injury.

I actually support this lawsuit.

The care was absolutely negligent and there is video and photo proof of it.

This is the business side of the sport, FELD, and the insurance companies. I’d be suing everyone too.
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soggy
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soggy 7/7/2022 6:44am
7/7/2022 6:44am Edited Date/Time 7/7/2022 6:46am
Zycki11 wrote:
That will be the hardest part... How can a medical professional state with supportive evidence that the actions by the crew resulted in injury? I have...
That will be the hardest part... How can a medical professional state with supportive evidence that the actions by the crew resulted in injury? I have seen many a back xrays etc and you really can't "prove" it. It is a terrible thing either way, I just don't see a good outcome unless Feld decides to settle without a court appearance
It’s called Standard of Care. It doesn’t matter if the injury was made worse. Was Brian given proper standard of care one would expect in this situation. By many accounts he was not.
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Joey_Bridges
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Joey_Bridges 7/7/2022 7:08am
7/7/2022 7:08am
resetjet wrote:
Its time we go to a society of the indeminity insurance for all activities of inherent risk. If you want to participate, you have to purchase...
Its time we go to a society of the indeminity insurance for all activities of inherent risk. If you want to participate, you have to purchase your own insurance and that will be the sole remuneration for any claims.
Not a bad idea.
As an independent contractor, I have to have a liability policy as well as a workman's comp policy on myself, before I can work for any homebuilder.

That would release him from any liability.
Not sure how the comp policy would protect me from inept medical care on the scene of I were to fall, or suffer some other catastrophic injury.

Might have to call my agent about that.

I'm assuming these rider's are considered independent contractors, and not employees.

smagical
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smagical 7/7/2022 7:29am
7/7/2022 7:29am
I feel strongly enough about this that it actually took me from a Vital-luker, and made me create an account.

I had a bad spinal injury a few years back. While all SCIs are different… one thing I was told after my wreck was that the medics careful steps in getting me from the carnage to the flight for life chopper not only helped keep the injury severity stable, it could have saved my life. (Along with the fact that I had a flight for life instead of a bumpy ride down a mountain in an ambulance)

Now you hear a bunch of different things in regards to post-injury-trauma. But when I look at it from a common sense driven approach, in my opinion, it does matter how you are handled after. Unless the chord is fully severed, it’s usually the pieces of broken vertebrae damaging the chord (creating the paralysis). The more moving and shaking that’s done, the more likely of the chord getting further damaged.

Seeing the way Brian was moved would be terrible care even if he just had a broken leg/arm/wrist/collarbone/anything… but when you are dealing with the unknowns of a possible SCI, you don’t take the gambles that the medic crew did.
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TXDirt
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TXDirt 7/7/2022 7:31am
7/7/2022 7:31am
resetjet wrote:
Its time we go to a society of the indeminity insurance for all activities of inherent risk. If you want to participate, you have to purchase...
Its time we go to a society of the indeminity insurance for all activities of inherent risk. If you want to participate, you have to purchase your own insurance and that will be the sole remuneration for any claims.
Joey_Bridges wrote:
Not a bad idea. As an independent contractor, I have to have a liability policy as well as a workman's comp policy on myself, before I...
Not a bad idea.
As an independent contractor, I have to have a liability policy as well as a workman's comp policy on myself, before I can work for any homebuilder.

That would release him from any liability.
Not sure how the comp policy would protect me from inept medical care on the scene of I were to fall, or suffer some other catastrophic injury.

Might have to call my agent about that.

I'm assuming these rider's are considered independent contractors, and not employees.

No piece of paper, no policy, protects anyone from negligence. Doesn’t matter if you are a contractor or an employee. Doesn’t matter what you sign. What the language says. What any clauses say. Etc etc.

No one, no entity, no company, is ever protected against negligence.
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