Statement from Rich Taylor (LACR Lawsuit)

whyZ
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6/4/2024 10:20am
sumdood wrote:
Makes me wonder if they were under insured ?   $400K sounds more like fuck you money than cover our medical bills money. The whole thing sucks...

Makes me wonder if they were under insured ?   $400K sounds more like fuck you money than cover our medical bills money. The whole thing sucks and I feel bad for the son and the whole family for that matter, that was a life changer. But..... come on, almost every track has a "Do not fuck up here" spot. I remember riding the former lemon grove / Piru track and thinking holy shit don't fly off the track there, you'll drop 20 feet onto the lower section with guys going the opposite way. Almost every track has a "Spot" where if you launch off the track it's a guaranteed less than ideal situation.  The way it's described it sounds like it's a "Straight down vertical drop" on the other side of the berm. You can only stack sand and dirt so steep, if someone launches over a berm with any kind of speed of course they'll clear the "grade" holding up the dirt ?  Tracks aren't built on big mattresses. Sad situation all the way around but come on it isn't soccer, if anyone knows the risks involved in this sport it's them. 

 

"The way it's described it sounds like it's a "Straight down vertical drop" on the other side of the berm." 

"if someone launches over a berm with any kind of speed of course they'll clear the "grade" holding up the dirt" 

This is how I have interpreting it since I started reading the thread(s).  So, the kid wasn't railing the berm, and it broke loose?  He wasn't rubbed off by another racer?   He pretty much just whiskey throttled straight through the berm and cleared the grade on the other side?   Feel bad for the boy and is injuries but it seems like a lot of blame is being thrown around to everyone but the racer.             

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NITRODOG
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6/4/2024 10:24am

So I guess anyone wearing EKS Brand goggles, who gets dirt in their eye, should expect Rich to pay them?

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zookrider62!
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6/4/2024 10:27am
NITRODOG wrote:

So I guess anyone wearing EKS Brand goggles, who gets dirt in their eye, should expect Rich to pay them?

depends on whether a former pro has warned them that some dirt can get in.

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1
6/4/2024 10:27am
What I said about you. " I'll give ML credit, at least he didn't delete the original thread, but he did try to steer the narrative and...

What I said about you. " I'll give ML credit, at least he didn't delete the original thread, but he did try to steer the narrative and cast aspersions on the messenger rather than just letting us figure out what's going on." 

And that's exactly what you did. You've edited the post since, but you came in hot trying to make it about what Cooksey got wrong and not the lawsuit, and you did all you could to blame the track, and the insurance company. I don't know how much you knew before that, but you definitely tried to steer the narrative in RT's favor.

Donn, Steve can call me whatever he wants. I never did anything to him, but that's his right. I've definitely been called worse than a cock holster.

I walked away from this sport on my own terms and love being "just a fan" for now. A big reason I left is the silent control the industry has over people in it and the incestuous nature of the business side. There's zero chance I would've reported something like this on a Rich Taylor if I was still a hard card member of the sport. The pile on from the aforementioned media members and others in the sport would not have been worth it. All that is made very clear in a situation like this when you see media people doing all they can to keep the truth from the fans.

There's no media in this sport....It's one big feel-good infomercial.

The guy wanted a big payday and he got it, then the press ran cover for him.

 

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The Shop

sam hain
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6/4/2024 10:28am

One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the track and supposed to be in control of his dirt bike. If he whiskey throttled off a berm due to his lack of fitness or skill how is that LACR's fault?

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sam hain
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6/4/2024 10:30am
There's no media in this sport....It's one big feel-good infomercial. The guy wanted a big payday and he got it, then the press ran cover for...

There's no media in this sport....It's one big feel-good infomercial.

The guy wanted a big payday and he got it, then the press ran cover for him.

 

Exactly right! Moto journalists are all just one big circle jerk, they won't report on anything that upsets the apple cart b/c if they do they will lose their privileges to teams/riders. 

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mxxcdez
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6/4/2024 10:35am

It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other party admitted fault. It's as simple as that. So many people are quick to judge the situation because of a social stigma, but I also bet that most of the people saying negative things would have done the same thing if their kid had been involved. I'm not one for suing, but I also disagree with the cavalier attitudes that track operators can sometimes have about their tracks. It blows me away how the magnitude of the injuries and the feature in question are minimized to create a poor LACR story. Last time I checked, LACR is still open, and since I've ridden there, the feature, meaning the cliff on the backside of the berm, is gone. I think that says a lot.

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Matt_Kuhn
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6/4/2024 10:37am Edited Date/Time 6/4/2024 10:39am
sam hain wrote:
One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the...

One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the track and supposed to be in control of his dirt bike. If he whiskey throttled off a berm due to his lack of fitness or skill how is that LACR's fault?

That’s a fair point.  According to racer X his bday is 8/2/98 which means he turned 18 8/2/2016 and was 18 at the time of incident.  Wasn’t there a claim that dad signed waiver for son?

6/4/2024 10:40am
Two threads and 15 pages without any visuals yet??  For everyone forming their opinions I think it's important to be familiar with the location of the...

Two threads and 15 pages without any visuals yet??  For everyone forming their opinions I think it's important to be familiar with the location of the incident.

Was this the berm where it happened?  If yes, would the red line be a fair assessment of the whiskey throttle over the top of the berm?  If not, please draw a line or post a screen shot of where it happened so everyone can see where/how this happened.

tripleup05 wrote:

Yes that is it according to ML from the other thread. I asked the same question and he confirmed it is at the 1:10 mark.

Okay, so unless someone else confirms otherwise, that IS the berm where the incident happened when the rider whiskey throttled off the top of it.  With that said, I think most of us wish the law worked like this:

Judge Q&A:

1. Is this the berm where it happened?  Yes
2. Did the incident happen the first time you passed through this berm?  No
3. About how many times did you pass through this berm before the incident?  About 50 times
4. Did the track workers or track equipment cause you to whiskey throttle off the berm?  No
5. So are you trying to sue for the one failed attempt, as a result of your own mistake, after making 49 successful passes?  Yes

Denied.  Case closed.  Next.

Unfortunately we ALL pay the price for these lawsuits in our litigious society in the form of higher insurance rates and less tracks/areas to ride.  Riding areas get shut down because of what happened here.  People complain about high track fees, well the track owners have very expensive insurance bills as a result of this.

When you sign a waiver, you SHOULD BE signing your life away, UNLESS there is legitimate negligence like a tractor entering the track in front of you.  Making your own mistake and crashing should be on you, not the track owners.

This is a very slippery slope because any obstacle on any track can result in the same outcome.  You don't need a huge drop off to whiskey throttle and injure or kill yourself:

 
 
 
 
 

 

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6/4/2024 10:46am
sam hain wrote:
Exactly right! Moto journalists are all just one big circle jerk, they won't report on anything that upsets the apple cart b/c if they do they...

Exactly right! Moto journalists are all just one big circle jerk, they won't report on anything that upsets the apple cart b/c if they do they will lose their privileges to teams/riders. 

Like the one where Jett is Concussed but it is being hidden....Can you imagine what MX media that would touch that one?

I live close to their track and I hear all kinds of rumors...who knows

1
1
6/4/2024 10:52am
mxxcdez wrote:
It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other...

It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other party admitted fault. It's as simple as that. So many people are quick to judge the situation because of a social stigma, but I also bet that most of the people saying negative things would have done the same thing if their kid had been involved. I'm not one for suing, but I also disagree with the cavalier attitudes that track operators can sometimes have about their tracks. It blows me away how the magnitude of the injuries and the feature in question are minimized to create a poor LACR story. Last time I checked, LACR is still open, and since I've ridden there, the feature, meaning the cliff on the backside of the berm, is gone. I think that says a lot.

Tell me more about how little you know about the court system and lawsuits 😂😂

2
3
6/4/2024 10:53am

I believe these tracks are Insured by the AMA to host these events or they couldn't afford to do them.

That's not the AMA doing the insurance. It's a 3rd party giving a sweetheart deal in insurance due to the AMA risk management policies, rules and regulations, and of course, being the only insurance Co the AMA endorses

mxxcdez
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socal, CA US
6/4/2024 10:57am
mxxcdez wrote:
It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other...

It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other party admitted fault. It's as simple as that. So many people are quick to judge the situation because of a social stigma, but I also bet that most of the people saying negative things would have done the same thing if their kid had been involved. I'm not one for suing, but I also disagree with the cavalier attitudes that track operators can sometimes have about their tracks. It blows me away how the magnitude of the injuries and the feature in question are minimized to create a poor LACR story. Last time I checked, LACR is still open, and since I've ridden there, the feature, meaning the cliff on the backside of the berm, is gone. I think that says a lot.

Tell me more about how little you know about the court system and lawsuits 😂😂

Are you an expert?

1
4
6/4/2024 11:00am
sam hain wrote:
One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the...

One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the track and supposed to be in control of his dirt bike. If he whiskey throttled off a berm due to his lack of fitness or skill how is that LACR's fault?

Matt_Kuhn wrote:
That’s a fair point.  According to racer X his bday is 8/2/98 which means he turned 18 8/2/2016 and was 18 at the time of incident...

That’s a fair point.  According to racer X his bday is 8/2/98 which means he turned 18 8/2/2016 and was 18 at the time of incident.  Wasn’t there a claim that dad signed waiver for son?

Wrong Taylor kid. That's Richard, not Zach.

2
MxAddic
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6/4/2024 11:00am
mxxcdez wrote:
It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other...

It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other party admitted fault. It's as simple as that. So many people are quick to judge the situation because of a social stigma, but I also bet that most of the people saying negative things would have done the same thing if their kid had been involved. I'm not one for suing, but I also disagree with the cavalier attitudes that track operators can sometimes have about their tracks. It blows me away how the magnitude of the injuries and the feature in question are minimized to create a poor LACR story. Last time I checked, LACR is still open, and since I've ridden there, the feature, meaning the cliff on the backside of the berm, is gone. I think that says a lot.

From the sound of it there was no big pay day here. Both parties at fault IMHO. One just had more liability in it.

11
6/4/2024 11:01am
mxxcdez wrote:
It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other...

It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other party admitted fault. It's as simple as that. So many people are quick to judge the situation because of a social stigma, but I also bet that most of the people saying negative things would have done the same thing if their kid had been involved. I'm not one for suing, but I also disagree with the cavalier attitudes that track operators can sometimes have about their tracks. It blows me away how the magnitude of the injuries and the feature in question are minimized to create a poor LACR story. Last time I checked, LACR is still open, and since I've ridden there, the feature, meaning the cliff on the backside of the berm, is gone. I think that says a lot.

Tell me more about how little you know about the court system and lawsuits 😂😂

mxxcdez wrote:

Are you an expert?

The fact you think a lawsuit is not frivolous because there was a settlement proves YOU definitely are not. 

7
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mxxcdez
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6/4/2024 11:02am
SoCalMX70 wrote:
Here's an old aerial shot. 2000-2001 I believe, when I first raced there. Such an awesome place! Dunestown GP used both tracks and connected them via...

Here's an old aerial shot. 2000-2001 I believe, when I first raced there. Such an awesome place! Dunestown GP used both tracks and connected them via the old drag strip you seeing poking out the left side of the image. 6th gear pinned on my '01 RM125 on asphalt was interesting!

That track was awesome then. Great pic. The back side was fun.

2
MxAddic
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6/4/2024 11:08am
wait - Cliff's notes please. What did Cooksey report that has turned out to be untrue? And are we supporting or grabbing pitchforks for this dad...

wait - Cliff's notes please. What did Cooksey report that has turned out to be untrue? And are we supporting or grabbing pitchforks for this dad? From what I can tell, he knew the berm was unsafe, reported it, and then sent Jr out there who was hurt on the very corner. Right? 

That Rich raced an AC for him?

Brosho
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6/4/2024 11:15am
SoCalMX70 wrote:
Other than the weird claim of Rich racing as his son... It all adds up? I literally practiced THAT track back in 2017. Didn't think twice...

Other than the weird claim of Rich racing as his son... It all adds up?

I literally practiced THAT track back in 2017. Didn't think twice about that berm,  but maybe I was just too slow to care. Either way I'm not suing anyone for wadding it up.

If they built an alligator pit we had to double over and I decided to go out there and send it, that's on me...

Yep just as how I know LOTS of guys who will not Ride LACR when it’s Windy. Because the Wind makes dang near every jump there more dangerous. The track would never change for Windy conditions. So If we see something unsafe or dangerous on any track we should just not ride and request a refund. 
 

 

2
6/4/2024 11:17am Edited Date/Time 6/4/2024 11:19am

There should be a show covering this later in the week.

image-20240604141739-1

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JohnnyMac
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6/4/2024 11:18am
SoCalMX70 wrote:
Here's an old aerial shot. 2000-2001 I believe, when I first raced there. Such an awesome place! Dunestown GP used both tracks and connected them via...

Here's an old aerial shot. 2000-2001 I believe, when I first raced there. Such an awesome place! Dunestown GP used both tracks and connected them via the old drag strip you seeing poking out the left side of the image. 6th gear pinned on my '01 RM125 on asphalt was interesting!

mattyhamz2 wrote:

Man I miss the GP's! They were the best. So was Saturday night racing during Summer. 

The Wednesday night practices were great as well.

3
ML512
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6/4/2024 11:19am
sam hain wrote:
One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the...

One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the track and supposed to be in control of his dirt bike. If he whiskey throttled off a berm due to his lack of fitness or skill how is that LACR's fault?

Matt_Kuhn wrote:
That’s a fair point.  According to racer X his bday is 8/2/98 which means he turned 18 8/2/2016 and was 18 at the time of incident...

That’s a fair point.  According to racer X his bday is 8/2/98 which means he turned 18 8/2/2016 and was 18 at the time of incident.  Wasn’t there a claim that dad signed waiver for son?

Wrong son, it's the younger son. That's Richard you looked up, Zachary was the one injured and this conversation is around.

1
6/4/2024 11:20am

all these comments hammering the moto-"Media" make my black heart smile.

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2
6/4/2024 11:25am
SoCalMX70 wrote:
Here's an old aerial shot. 2000-2001 I believe, when I first raced there. Such an awesome place! Dunestown GP used both tracks and connected them via...

Here's an old aerial shot. 2000-2001 I believe, when I first raced there. Such an awesome place! Dunestown GP used both tracks and connected them via the old drag strip you seeing poking out the left side of the image. 6th gear pinned on my '01 RM125 on asphalt was interesting!

mattyhamz2 wrote:

Man I miss the GP's! They were the best. So was Saturday night racing during Summer. 

JohnnyMac wrote:

The Wednesday night practices were great as well.

I was never able to make it to them, but I always wanted to.

Matt_Kuhn
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6/4/2024 11:25am Edited Date/Time 6/4/2024 11:28am
sam hain wrote:
One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the...

One thing I haven't seen mentioned in this thread or the other one is where is the liability of the kid? He's the one on the track and supposed to be in control of his dirt bike. If he whiskey throttled off a berm due to his lack of fitness or skill how is that LACR's fault?

Matt_Kuhn wrote:
That’s a fair point.  According to racer X his bday is 8/2/98 which means he turned 18 8/2/2016 and was 18 at the time of incident...

That’s a fair point.  According to racer X his bday is 8/2/98 which means he turned 18 8/2/2016 and was 18 at the time of incident.  Wasn’t there a claim that dad signed waiver for son?

mattyhamz2 wrote:

Wrong Taylor kid. That's Richard, not Zach.

Ah okay my bad.  So in that case, this is another bit of misinformation from the YouTube  video…  wasn’t there a claim that Dad signed waiver for kid and this somehow opened a loophole?   I

SoCalMX70
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6/4/2024 11:32am Edited Date/Time 6/4/2024 12:32pm

all these comments hammering the moto-"Media" make my black heart smile.

I honestly believe a lot of folks are sick of the industry bro show.

They cover each other and talk down to their audience/customers. It's getting really fucking lame.

Also, NONE of the industry big shots do anything to help at a grass roots level. Fuck tracks and fuck anyone not in their circle, apparently. Hell, they can't even organize funding for Des Nations. Just make excuses and run cover...

Edit: There's really A LOT of things going against the sport at a grass roots level. This shit just makes me angry.

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DA498
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6/4/2024 11:34am

Of course he was aware of the track layout.  That berm wasn’t built immediately prior to his son’s moto. 

Exactly, I’d be willing to bet RT had ridden that track plenty with that berm there. 
 

ML and all locals knew of it and were aware of its sketchiness. 
 

 

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truck
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6/4/2024 11:38am
mxxcdez wrote:
It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other...

It's evident that this was not a frivolous claim as some are saying. There would be no settlement if there weren't gross negligence; clearly, the other party admitted fault. It's as simple as that. So many people are quick to judge the situation because of a social stigma, but I also bet that most of the people saying negative things would have done the same thing if their kid had been involved. I'm not one for suing, but I also disagree with the cavalier attitudes that track operators can sometimes have about their tracks. It blows me away how the magnitude of the injuries and the feature in question are minimized to create a poor LACR story. Last time I checked, LACR is still open, and since I've ridden there, the feature, meaning the cliff on the backside of the berm, is gone. I think that says a lot.

No on several points. 

Settlement almost certainly did not contain admission of guilt or negligence or any of it. They rarely do. Even if you enter into these things based on principle you quickly realize it's just a financial calculation to everyone else and that really becomes all its about. If the plaintiffs cared about making a point you have the defendant put out a statement or apology. If you don't really care about that you take the money and everyone signs an NDA and moves on. 

The fact that it settled means little about the merits of the claim. Just like everyone wanted this to be insurance calling the shots on the plaintiffs side, these decisions are mostly up to the insurance companies on the defense side as well. If it's cheaper to settle than to do to court and win the case, insurance will settle. You balance cost of going to trial and the slim but possible chance that a jury goes off the rails and gives huge payday, and if they will take a number you are happy with, you settle. 

9
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kawasa84
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Flower Mound, TX US
6/4/2024 11:40am

I am 99.9% not to ever sue a track. I've suffered major injuries at tracks countless times through the years and have had several rides in an ambulance from the track to the hospital for emergency surgery. Lost months of income from healing before I could work again. Plus I am the sole breadwinner in my family. 

But there are things that can be negligent. I mean just a month or so ago, a guy posted video of a track worker going out and working the track on a skidsteer DURING a race!! I think it was maybe in Tennessee. Either way, I'm not going to completely throw Taylor under the bus for his decision. There's that .01% 

Hopefully his son gets a near normal life, at this point, that's what matters

3
Jdawggg
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Gilbert, AZ US
6/4/2024 11:42am

Funny im reading all of this and there is a exksbrand ad on top of the page...If I was a track owner and found out someone had sued another track for any reason I would kindly inform them they are not welcome to much liability

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