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I may have run it in a little hot at the start. I have some serious youngster drama tied up in losing my childhood home to these lawsuits. It kind of rears its head up when I read these.
Does anyone have a link to a page with actual court document info similar to what was posted for the other lawsuit that has nothing to do with this? Or are they paywalled?
All I've found is it's behind a paywall at https://trellis.law/doc/171367470/declaration-declaration-declaration-ma-lourdes-v-malam-re-re-submission-for-e-filing-plaintiff-s-opp-n-to-demurrer-jab-prods-inc
Here's the opening page.
It was taken down for a while. But it is back up.
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Answers one question I had. Represented by big personal injury firm. Would love to see what they are asking for and I'm sure that will come out in time.
Full on speculation here...... Google the plaintiffs lawyers. They are not people who seem like they handle subrogation cases. They are people who take cases looking for a third of the huge payout for damages. Most insurance companies either have in house subrogation counsel or turn the cases over to places that do subrogation all day every day. Their lawyers are getting paid hourly, not advertising their big winnings on their website. Sometimes subrogation and personal injury claims are all part of a single case, but I find it hard to believe that these lawyers are involved in a purely subrogation claim.
Also, check out an article on their website posted around the time this was filed. Not hard to fill in the blanks and see where they're going with this. I know if I were a publicly identifiable moto industry insider I would be very careful about posting my opinions on the safety of a track unless I wanted to repeat that under oath, but the toothpaste is out of the tube on that.
https://www.advocatemagazine.com/article/2018-november/dangerous-condit…
The things you can find on the internet.... hard to believe this has been going on for years and it wasn't common knowledge. Maybe it was locally?
Here's Garo's little self promotion video: https://youtu.be/DwLNBAT_lkw
Dude seems quite capable of taking down LACR. :-/
I'm not convinced that they don't handle subrogation cases. I mean, the target demographic in the clip - accident victims? Hmm.....I don't know about that.
When I think of firms that don't handle subrogation, I think of Larry H Parker (and similar). -> https://youtu.be/5RBOvniVMLg
Oh my.... have a feeling I'm going to get this thread nuked but it's all stuff publicly available with Google so whatever.
this is go pro from the moto when the injury happens.... 34 Taylor easy to spot in first few turns.
https://resultsmx.com/2x/class.asp?c=all&e=68
Was the turn in question at 1:11? It does look like a hell of a drop.
Go to 7:45
Yes, that was it.
Different subrogation laws in different states, but typically the insurer can file the suit in its own name or in the name of the insured. (Edit: I verified this is correct in CA) If the case is brought in the name of the insured, the existence or non-existence of insurance coverage is inadmissible in court. For that reason alone most subrogation cases are brought in the name of the insured. Also a case brought in the name of the injured person is going elicit more sympathy from the jury than an insurance company seeking money.
Again, I have no idea if this is a subrogation case or not just answering questions generally.
The reason Cooksey took down the original video was to edit out the part where he disclosed that the insurance company paid $750,000 @ 7:15. That was information only the litigants would/should know.
Which would indicate that someone involved in the lawsuit broke their NDA and shared the information with him, if the number was true.
ding ding ding
If you want more information regarding this deal go to the link below and search the case # / court and you can get some of the legal play by play. You could also get document images pertaining to the case that would have the more detailed info regarding what is really going on but would have to pay. From what I am seeing, it does look like the Taylors filed this case.
https://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil
Here is who the plaintiff's(The Taylors) lawyer is according to what is listed on the case...
https://www.garolaw.com/attorneys/garo-mardirossian/
Only way there should be NDA is if settlement has been reached, meaning this case should be withdrawn or dismissed, but looks like it's still active.
Pit Row
It is still active...if you go to the info I posted right before you, you can see when the next hearing is. Should be a public hearing if anyone want's to go.
After a settlement agreement is signed it usually takes a bit to process the payment and submit final orders to the court. Reading the tea leaves from both sides I think it settled recently, and someone is salty about it.
I have read through all these pages and have two conclusions.
1. Cooksey is a complete asshat for approaching the video the way he did. He could have had an ounce of class and reported what he actually knew, but he had to resort to name calling and being downright disrespectful to the Taylor's without knowing what really happened.
2. Regardless of who (industry or not) is claiming, the only way a track should be liable for injuries is IF they were negligent.......i.e driving a tractor on a live track and someone jumps into it or creating a scenario that is outside of the racing like dangerous pit activities or something like that. If the Taylors are actually the ones pursuing this, and it seems like they are, they knew the obstacles on the track before lining up and had the choice whether to race or not.
years ago our local track had a massive 90' double at the end of a long straight. thing was a straight up booter steep lip and all. anyway, the genius that built it made sure that there was a corner directly after the landing and there just happened to be a 10-12' deep ditch on the back side of the berm. first race day and i bet there were 5 guys upside down in that ditch before practice was over.
that cliff after that built up berm coming down a rough downhill reminds me of the dipshit that built that booter directly in front of a ditch. can't fix stupid.
As a mini parent I 100% will let my child ride the main track, but if he was out there when he was on 50s and 65s I was right behind him standing the entire time so everyone could see me. We need more moto parents out there to fill our vet classes.
I agree, I think Cooksey would have gotten just as many eyeballs and still gotten his point across without the direct attacks and name calling. Bottom line, though, this isn't about Cooksey. It's about a prominent member of the community doing (for me at least) the unthinkable and expecting to still profit in the industry he's harmed.
The more I look into this case, though, the more I find what Rich and family did was appalling. I also know that before filing, he must've deeply considered the affect it would have on his business if he did it, and he still chose to push on for the bag. Well, he's getting the bag and now he is going to have to face the repercussions of that decision.
I appreciate industry insiders trying to protect him and possibly their money, but I think now that it's out, you need to step back and let the chips fall. The community deserves to know who they're letting ride at their tracks and who they're sending money to
I personally would not allow the Taylor family to unload their bikes on my property ever again if I was a track owner. As far as buying not their goggles, that goes without saying.
I haven't seen any proof that the insurance company isn't behind all this....
Spot on with cooksey. I think its crappy that the industry guys protect people like this. I'm about 90/10 now thinking he actually did this. No wonder donm wanted me to delete this and was not making any sense.
The only thing that keeps this sport alive is our reluctance to sue. If you saw how easy it was to score a bag after an injury, it would make you want to puke. Maybe not a big settlement like this, but when I was looking at the lawsuits my dad had to deal with, I was always blown away at what the insurance company would pay to make BS claims just go away.
These lawsuits are so hard to defend, especially when you're a MX track owner. If everyone just grabbed their bag (what this looks like more and more to me here) this sport would be done in a second. At Indian Dunes, we had guys looping out their ATC's in shorts and flip flops after signing waivers and still get paid. We even had a guy that was injured riding somewhere else. His buddy loaded him up, drove him to Indian Dunes, laid him down on International track and had the ambulance called. My Pops was 100% he could prove it, had witnesses and the insurance company still just cashed him out.
If you want to score a bag after an injury, you do you, but I don't think you should expect to be able to make a living off the sport after you collect.
Can you share what "more and more" your finding.
You seem so confident it was Taylor suing and not his insurance company, if that is true I think lots of us would like to know.
Am I the only one in disbelief the name of the courthouse is the Michael Antonovich courthouse? What a crazy coincidence with SwapMotoLive's guy Anton. This is a hilarious twist in an otherwise horrible situation for our sport.
IMO this is the #1 problem with society today, on social media etc, people are soo quick to convict someone with less than 1/2 of the truth, hiding behind their keyboards. Complete Bullshit.
I am going to go out and buy a couple pairs of EKS brands and wait for the truth to come out.
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