On the heels of the shortened motos in Thailand...

GuyB
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Edited Date/Time 3/10/2015 11:09pm
I hear rumblings that Josh Lichtle's family has filed a lawsuit over his death from a heat stroke a few years ago, and it sounds like they're using a shotgun approach. Among those rumored to be named in the suit are MX Sports, Red Bud, Yamaha, his gear company, and riders who participated that day.

It's sad to see him gone, but that might be equally sad. Motocross is a tough sport. Preparation is key...both for your equipment and yourself. There's always a big element of personal responsibility, but decisions made while overheated (do I keep going or not?) might not be rational. Kind of like Tixier's reaction to being told he couldn't continue racing last weekend.
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Spydee
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3/10/2015 3:19am Edited Date/Time 3/10/2015 3:20am
Who exactly are they planning on suing though? The officials for not identifying the issues, therefore no prevention in him racing that day?

Sad yeah, but really? That ain't going to bring Josh back.
wwoberg
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3/10/2015 3:35am
Unfortunate for all parties.
Derpin' DJ
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3/10/2015 3:37am
I get where they might be coming from with MX Sports... but everyone else? How can they even justify that?
reded
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3/10/2015 3:52am
How ridiculous that someone can file a lawsuit against everyone involved in a sport where the competitors participate solely at their own discretion.

The Shop

41NDT
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3/10/2015 3:56am
Money grab is all it is
Sunhouse
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3/10/2015 4:07am Edited Date/Time 3/10/2015 4:08am
The rumblings are just that. Rumblings. We will have to wait and see who they are filing a lawsuit against before we pass judgement. If there is one industry I will not trust on rumors and interpretation on legal matters it has to be the "high school rumor mill" that is the MX community.

For all we know they may have a justified claim, I doubt they will sue all the parties mentioned. But it will be interesting to see it if the lawsuit is published
MxKing809
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3/10/2015 4:10am Edited Date/Time 3/10/2015 4:10am
I'm from Michigan so I knew Josh from a distance..... this makes no sense IMO. If they are including other riders as responsible parties for not stopping the competition aren't they admitting rider responsibility for that aspect? Sad event for sure, I was there and watched the whole thing..... but this wont accomplish anything other than smear his name in the industry and possibly line the suing partys pockets.
3/10/2015 4:31am Edited Date/Time 3/10/2015 4:34am
Sue enough people at once and somebody gets scared and settles. Nobody wants to be responsible for their own actions anymore. Im sorry for their loss, but IF ITS TRUE, these people are no better than the baby-arm guy you guys always talk about.Some lawyer has been blowing smoke up their ass about "being made whole".
S.Loyer
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3/10/2015 5:03am
Sad to hear, Josh wouldn't of wanted that I'd like to think.
nytsmaC
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3/10/2015 5:21am Edited Date/Time 3/10/2015 5:21am
S.Loyer wrote:
Sad to hear, Josh wouldn't of wanted that I'd like to think.
Agreed. I am sad for the family, sounds like they are not coping well with their tragic loss. It's really very unfortunate for everyone involved, Josh's death really affected the whole moto community and those being lashed out at all suffered a great loss that day too.

I wish they could find a way to deal with this in a more sensible manner.
IWreckALot
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3/10/2015 5:38am
Sue enough people at once and somebody gets scared and settles. Nobody wants to be responsible for their own actions anymore. Im sorry for their loss...
Sue enough people at once and somebody gets scared and settles. Nobody wants to be responsible for their own actions anymore. Im sorry for their loss, but IF ITS TRUE, these people are no better than the baby-arm guy you guys always talk about.Some lawyer has been blowing smoke up their ass about "being made whole".
I agree with every word of this. Some lawyer has convinced them it's a good idea. . .

The arguments are very unorganized also.
Old-Man
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3/10/2015 6:00am Edited Date/Time 3/10/2015 6:02am
When I heard Thai shortened the moto's I immediately thought of the Josh deal and wondered if the parents still follow Moto what they thought of that decision.

Did they file this before or after last weekends race?
Or maybe there is a few hundred in the industry that thought the same thing and thats just what it is "Rumblings"
Old-Man
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3/10/2015 6:09am
Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter:

Someone was killed as a result of act by the defendant.
The act either was inherently dangerous to others or done with reckless disregard for human life.
The defendant knew or should have known his or her conduct was a threat to the lives of others.

mx836
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3/10/2015 6:10am
Josh's incident was in the first moto and if I recall correctly he had crashed numerous times which surely has an affect on the situation. I was there that day and I don't think I've ever been so miserable due to heat, but I was also extremely hung over.
GuyB
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3/10/2015 6:22am
Old-Man wrote:
When I heard Thai shortened the moto's I immediately thought of the Josh deal and wondered if the parents still follow Moto what they thought of...
When I heard Thai shortened the moto's I immediately thought of the Josh deal and wondered if the parents still follow Moto what they thought of that decision.

Did they file this before or after last weekends race?
Or maybe there is a few hundred in the industry that thought the same thing and thats just what it is "Rumblings"
I believe it was before.
PabstBR11
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3/10/2015 6:29am
GuyB wrote:
I hear rumblings that Josh Lichtle's family has filed a lawsuit over his death from a heat stroke a few years ago, and it sounds like...
I hear rumblings that Josh Lichtle's family has filed a lawsuit over his death from a heat stroke a few years ago, and it sounds like they're using a shotgun approach. Among those rumored to be named in the suit are MX Sports, Red Bud, Yamaha, his gear company, and riders who participated that day.

It's sad to see him gone, but that might be equally sad. Motocross is a tough sport. Preparation is key...both for your equipment and yourself. There's always a big element of personal responsibility, but decisions made while overheated (do I keep going or not?) might not be rational. Kind of like Tixier's reaction to being told he couldn't continue racing last weekend.
Its that fine fine line between safety and personal responcibility of knowing when to quit. Def. a touchy subject.
Randy Savage
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3/10/2015 6:33am
Maybe they should sue Villopoto too. He crashed with Lichtle at the beginning of that moto, and perhaps the extra exertion of coming through the pack was his undoing.
GrapeApe
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3/10/2015 7:01am Edited Date/Time 3/10/2015 7:49am
Edit: The link I posted from Berrien County automatically times out. His estate filed the suit in June, 2014, and it is set for trial in November, 2015. Named Defendants are AMA, MX Sports Pro Racing, MX Sports, Red Bud, and AMA Pro Racing.

3/10/2015 7:18am
I wish we had a "loser pay" tort system, and youd see no more of these lawyer-driven, hail mary lawsuits.
Grieby54
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3/10/2015 7:22am Edited Date/Time 3/10/2015 7:23am
I wish we had a "loser pay" tort system, and youd see no more of these lawyer-driven, hail mary lawsuits.
Yup. If the loser had to pay all court fees and "reparation" for the defendant's time, I imagine these would be much fewer and further in between.
JM485
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3/10/2015 7:26am
Rediculous. I'm sure the family wants closure and is still hurting, but this is not the way to go about it. Makes me sick how people can try to ruin something for thousands of others just for their own personal gain.
JoJmoto
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3/10/2015 7:49am
I hope this is not true, however, if it is, I can only assume they are naming so many parties hoping each will settle out of Court, thereby obtaining something from each one. I don't believe if any of them take it to actual Civil Court proceedings that they will win anything at all.

This is not even like the track or anyone could be "At fault" for his dehydration/heat stroke other then himself and Mother Nature. Sad situation and sad he lost his life doing a sport.
huck
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3/10/2015 7:54am
I wonder if it's insurance company suing on their behalf... Especially if it there was a large life insurance policy.
FreshTopEnd
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3/10/2015 7:59am
Old-Man wrote:
Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter: [i]Someone was killed as a result of act by the...
Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter:

Someone was killed as a result of act by the defendant.
The act either was inherently dangerous to others or done with reckless disregard for human life.
The defendant knew or should have known his or her conduct was a threat to the lives of others.

Why are you talking about a criminal charge in a civil case?
Dr Wario
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3/10/2015 8:02am
I wish we had a "loser pay" tort system, and youd see no more of these lawyer-driven, hail mary lawsuits.
Grieby54 wrote:
Yup. If the loser had to pay all court fees and "reparation" for the defendant's time, I imagine these would be much fewer and further in...
Yup. If the loser had to pay all court fees and "reparation" for the defendant's time, I imagine these would be much fewer and further in between.
This. Sad that Josh's people are resorting to this....
JLong
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3/10/2015 8:02am
Attorney will sue everyone, as most will want to settle and the more the merrier. 811 will never win in court.
3/10/2015 8:08am
You can feel euphoric when in heat stroke. Sounds impossible but when your mind is frying or has a lack of oxygen etc it starts doing incredibly crazy things.

there were 80+ other competitors that day and they did not die of heat stroke.

Situation was probably due to a combination of things. Dehydration, lack of training.... I don't think josh was even racing the whole series. So I question his training regimen but nobody knows. This is just gonna be a rumor Fasad.

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