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It’s a crap shoot and nothing more than the insurance company looking to get money back.
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Kid got stuck with a couple cowboys as medics.
They may take a beating from just from the optics of this case.
I remember seeing the release and browsing it a few years ago & it had a pretty broad “non-liable” set of clauses.
As others are pointing out/arguing “for” provisions of gross negligence? I’m guessing certain states (like California) provide for “you can’t sign away your rights”. If I had to guess, that’s where a door could be opened for this suit.
Still, when I think about the clauses in that release? They’ve got all sorts of language to get around as much responsibility as possible.
Like everyone-else, I’m dumbfounded that they didn’t put him on a back-board as I’ve seen them do on so many other occasions. That, too, will be part of the argument supporting negligence: they -have- used the backboard on other riders that they’d suspected of having neck or back injuries.
He does speak a different language so who know what he was telling them in that moment. But regardless I’ve witnessed instances where people are trying to get up and medics are holding them down and telling them to not move while they evaluate the situation. So I don’t really see your point. Kid got handled like his life was In danger if he stayed on that track one second longer.
From the insurance side of things and merely my opinion on what I deal with (on a smaller level), Feld and the Asterisk Med Unit all have their own general liability policy that protects them in any liability setting. Like I tell clients all the time, you don't have to be a millionaire to be sued like one. Regardless of outcome, there still are costs associated with trying - on both sides.
Feld and Asterisk policies will pay to either settle out of court if they feel there's a better chance of losing than not, or it'll pay the policy limit, which could be several million each. The insurance companies will look at how everything will appear in front of a jury and determine their chances. Based on the images in this thread and on his IG page, etc., I'd guess they'll try to settle before it ever gets to a courtroom. But from Brian's side, they know they have a good chance of winning so not sure they'd settle when they could potentially get the policy limits. They could also lose and get nothing....which is why it always becomes a game of "Deal or No Deal."
I've had a lot of clients sued, either for negligence, or for some type of faulty craftsmanship. Always amazes me how little the cases have to do with the clients specifically. We paid upwards of a half a million dollars for a trip and fall on a rental property and the clients were surprised when I told them it was settled and paid. They had no clue where the case was at.
Their problem is going to be ignoring their own policies and procedures by not red-flagging the session. It's not going to be hard to sell a narrative to the jury that the 2 trainers that were first on scene removed him hastily to clear the track to avoid a delay in the program. Given evidence of a possible SCI (according to Plaintiff), policy says to red-flag the session to allow sufficient time to assess the injury and prepare him for transport. It's hard to view the photos knowing what was going on inside his spinal column at this time:
Here is a screenshot of A-Ray's crash. As you can see I am already running uptrack with the flag waving while he is still crashing. #FlaggerOfTheYear and before anyone says it you can also see I could lose a couple pounds. lol
Pit Row
Very good answer and insight from people in here who unfortunately have dealt with SCI or are paraplegics:
https://www.vitalmx.com/forums/Moto-Related,20/Why-no-status-on-Moreau,…
That is just another horrible photo of how they treated this injury though. Someone with a neck/back injury should not be sat upright and hauled off (especially over bumpy terrain) like that. Insane amounts of negligence or just plain stupidity!
Even at the backwoods hillbilly tracks I ride at sometimes, the medical crew knows not to rush over and immediately move someone if they had a serious crash. Its like moto crash 101.
But when it comes to things that are basically 'malpractice', that's a different story. It sounds like the complaint is about the medical treatment causing more damage than may have already been there.
I feel for the young man. It seems like it will be hard to prove that the medics did more damage if he already had no feeling, so it will be a double edge sword to overcome. If he simply had pain but could move, then it would be a lot easier to prove that the actions of the medical crew caused more damage. If he had already lost the ability to move, it's murkier at best. And as someone alluded to, his language skills may not have meshed with the guys first on the scene.
About a decade ago a friend of mine who was a paramedic (since retired) told me to never try to perform serious aid on anyone unless you are absolutely sure of what you are doing because no good deed goes unpunished if something goes wrong. This is a bit different, but similar in some respects also. I'm sure that these guys thought that they were doing the right thing, but it didn't turn out the way that was expected.
What the most infuriating is, is the fact that they didn't threw the red flag. It was just practice they could've paused the session the a red flag. Also with Dean Wilson, he's bleeding nobody knows if it's a punctured vain or artery and no red flag. He was in excruciating pain and in no time in pile of his own blood but no red flag was waved. Maybe some of our safety protocols could use an update.
Everyone is looking for the "bad guy" to string up.
Life isn't fair folks. Bad shit happens, sometimes there is no rhyme or reason.
Whichever, a rider laying on the track not able to get up under his own power, “assume the worst” no matter if he speaks up or not.
Practice! Stop dirt bike practice for a minute to properly care for injured humans.
The pictures don’t paint the whole picture as to why he may have been moved without taking the necessary C spine precautions and securing him to a back board or even a Kendrick device. The procedure the A stars crew employed is something you would do in a combat zone, active shooter, or other situation where there’s high likelihood of being struck by a falling object or exposure to something worse such as fire.
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