Track sued for $2.2 mill- what's your opinion?

I left the guy's name (and the defendant's) out to avoid the kneejerk public crucifixion- but this is an interesting case. Whoever is interested could find out who he is anyhow (I've never heard of him)- and Cali guys probably have heard about this. Anyhow, read the last line to read how effective a waiver really is!:
Please don't turn this into a bashing thread, because I don't want to be the start of that:


legal summary:
On March 11, 2004, plaintiff ****** paid to ride his dirt bike at Sand Hill Ranch Motocross in Brentwood, California, when he unexpectedly rode off an unmarked 20-foot cliff onto boulders below sustaining serious injuries.

The motocross park was owned by defendant ********, who purchased this 80 acre facility in 1973. In 1999 he sold half of the park to Brentwood Rod and Gun Club. The sale required the gun club to erect a boundary line fence to keep motorcyclist off the Gun Club property. The Gun Club took down the fence after one or two years. Preexisting motocross trails led to the Gun Clubs property which used to be part of the motorcycle park.

In early 2004, the Gun Club did some grading on its land to prepare to build a shooting range. The Club dumped a considerable amount of the dirt in a ravine behind two trees on a neighboring third person’s property. This third person's property also used to be part of the motocross park. In fact, when the property was part of the motorcycle park at least two trails led into the ravine. The Gun Club’s dirt created a 20 foot cliff made out of fill material.

When ******* visited the motorcycle park on March 11, 2004, he intended to do some off-road trail riding on trails that had existed when he was last in the area seven years earlier. His intention was to use one of the ravine trails. The trail had since been smoothed out and widened, and led directly to a blind cliff hidden behind the trees just before the ravine.

********** approached the trees on a flat straight of way and slowed down as he rounded the trees to get to the ravine trail had taken in the past. The edge of the cliff blended in with the roadway in the distance and he thought the trail dipped down and continued. Much to his surprise, he found himself in mid-air, flying off a cliff onto the rocks below.

******** sustained over 30 fractures of his thoracic spine, the most significant of which was a T7 burst fracture. He had surgery with Dr. Hieu Ball of Walnut Creek to install hardware which fused T3-T9. He had a later surgery to remove the hardware. He is left with constant pain in his toracic spine and cannot participate in any contact sports or activities. This includes serious dirt biking which was his passion. He was a professional motocross rider for ten years.

He also sustained a displaced and comminuted fracture of his right (major) wrist which required surgery by Dr. Coufal of Walnut Creek. The fracture lines disrupted the wrist joint and he suffers from traumatic arthritis which will only get worse.

******** also missed 15 months from his employment.

The economic damages were $518,000 consisting of $382,000 in medical bills and $136,000 in earnings loss.

Plaintiff claimed negligence against Sand Hill Ranch Motocross and Brentwood Rod and Gun Club. The evidence showed that the Gun Club created the cliff, though it denied it. [b:12e51xgk]Both defendants contended that a release signed by plaintiff barred his claim and that there was significant comparative negligence and that he assumed the risk of injury.[/b:12e51xgk]

Plaintiff contended that it was foreseeable that neighboring motorcyclists would come onto the Gun Club property so the Club should have kept the fence up and should not have created the cliff. Plaintiff also contended that the release did not release the defendants and that after the Gun Club took down the fence, Sand Hill Ranch Motocross should have replaced it. Plaintiff’s theory, in a nutshell, was a “fence makes sense.” [b:12e51xgk]A motorcycle patron is entitled to know the boundaries of the park when he is paying for the privilege of riding there.[/b:12e51xgk] Sand Hill Ranch Motocross has since completely fenced its property.

Outcome: A[b:12e51xgk]rbitrator Michael Ney found that the release that ******** signed was vague and ambiguous[/b:12e51xgk] and that Sand Hill Ranch Motocross was fully liable for********s injuries. Ney awarded ******** $2,268,491.