Washougal MX being sued---

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7/11/2017 7:49 AM

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7/11/2017 7:51 AM

All looks fairly standard to me.

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7/11/2017 7:58 AM

Anybody local will say "WOW!" out loud. Holy smokes.. I am trying to put myself in his shoes to understand.

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7/11/2017 8:07 AM

WOW is right. Holy shit

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Osama Bin Mixin - Head of the 2-stroke Taliban

7/11/2017 8:11 AM

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You kids get off my lawn!

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7/11/2017 8:13 AM
Edited Date/Time: 7/11/2017 8:16 AM

Wow what you expect with today's sue happy make me rich world.

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7/11/2017 8:16 AM

SmokinJoe439 wrote:

Wow what you expect with today's sue happy make me rich world.

That's Brian you're thinking of.

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Alright Lunger, Let's Do It

7/11/2017 8:18 AM

No words.

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7/11/2017 8:19 AM

The part naming McNeil is completely ridiculous. No one in history has ever lost control during a race...

The suit states that McNeil is liable for failing to exercise ordinary care while operating his bike, carelessly and negligently driving, failing to keep his bike on the track, failing to keep a proper lookout while operating his bike and failing to maintain his bike in good working order

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7/11/2017 8:22 AM

Zero personal responsibility when there is money that could be made.

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7/11/2017 8:24 AM

Failed to warn him of dangerous conditions? Good grief. I'm sure he had no idea that working around an MX track could be dangerous. So much fail.

No doubt the guy got hurt from the way it reads, and in my opinion, if he has bills related to medical care from the accident, all involved should chip in and pay them off, but just reading this it comes across like a money grab.

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7/11/2017 8:24 AM

I wonder how the plaintiff is going to get around the fact that

1) without a dought he was made to sign a waiver or release of liability
2) as a volunteer he knew the risks of being trackside.

I'm sure this will not get far

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7/11/2017 8:27 AM

Wow and I always thought mx tracks were safe places. This dude has got to be the first person hurt at one right?

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7/11/2017 8:29 AM

A local club I know went through this almost exact same thing many years ago. In the end, they were not successful and the club was not sued. Also in that circumstance, the insurance company of the plaintiff was the real entity pushing for the lawsuit to recover some crazy medical costs that the plaintiff had endured due to the accident.

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7/11/2017 8:34 AM

What's hard for me to understand is the Barnes family has been around Washougal MX park and the sport for years, as far back as I can remember, they're fixtures at the Washougal MX park. Sucks Washoulgal MX Park and that list of people are being sued, as it's hard enough for MX facilities and races to exist without lawsuits. My only thought here is this, and I do not know, just asking....did he try to settle, or get them to pay his medical bills and they or their insurance company balked, or what, why did he go to an attorney? Again, I don't know, just asking.

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7/11/2017 8:36 AM

Sully22 wrote:

What's hard for me to understand is the Barnes family has been around Washougal MX park and the sport for years, as far back as I can remember, they're fixtures at the Washougal MX park. Sucks Washoulgal MX Park and that list of people are being sued, as it's hard enough for MX facilities and races to exist without lawsuits. My only thought here is this, and I do not know, just asking....did he try to settle, or get them to pay his medical bills and they or their insurance company balked, or what, why did he go to an attorney? Again, I don't know, just asking.

As mentioned above, it could be his insurance company pushing the suit to recover what they paid out. Not sure on that, just saying it's a possibility.

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7/11/2017 8:39 AM

I could get extremely vocal about this right now , but until I talk to some people I'm keeping my mouth shut. I will say this pisses me off.

There is some serious bullshit in this line as well....

" The suit states that McNeil is liable for failing to exercise ordinary care while operating his bike, carelessly and negligently driving, failing to keep his bike on the track, failing to keep a proper lookout while operating his bike and failing to maintain his bike in good working order."....

You mean a motocross rider lost control of his bike? Wow!.....Yeah , that never fucking happens. Bruce not knowing how dangerous it was , is completely absurd. I feel bad that Bruce got hurt ( everyone around here does ) , but until I find out exactly what and how much he's suing for , I'll keep my opinions to myself.

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And there goes Jeffro. One of God's own prototypes. A super high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.

Pimpin' Ho's , Rollin' fatty's......drinkin' beers , beers , beers!! ~ Ja

7/11/2017 8:40 AM

Any competent lawyer will argue an assumption of risk when you go be a spectator at a motorsports event.


you al need to clam down, this guy will probably lose the case and he himself can be sued for lawyers fees if they don't settle.

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If it can't be fixed with a hammer, it's an electrical problem.

7/11/2017 8:41 AM

I'm sure its his insurance company. And no, dont say fuck Bruce. He is as moto as they come. We raced as kids and he and his brother barney are core. He has worked that corner for 20 plus years

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7/11/2017 8:43 AM

TJ 755 wrote:

I'm sure its his insurance company. And no, dont say fuck Bruce. He is as moto as they come. We raced as kids and he and his brother barney are core. He has worked that corner for 20 plus years

Exactly why I say it.

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7/11/2017 8:46 AM
Edited Date/Time: 7/11/2017 8:47 AM

Like I said in my post, looks fairly standard. We can all speculate and I'd advise caution even just on a forum. If people express views, especially if you were there on the day they can be taken out of context.

But it's all too common. The waivers really are not worth a lot, you cannot waiver someone's right to be safe and whether anyone was negligent or not ends up being for the courts to decide.

Chances are the insurance company is persuing it to recover medical costs. But we do not know for sure.

It happens all too often, I've seen local clubs get taken through the system and have to prove they were not responsible. When you volunteer to help a club out you don't expect that!

I just hope common sense prevails

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7/11/2017 8:49 AM

Beeby wrote:

Like I said in my post, looks fairly standard. We can all speculate and I'd advise caution even just on a forum. If people express views, especially if you were there on the day they can be taken out of context.

But it's all too common. The waivers really are not worth a lot, you cannot waiver someone's right to be safe and whether anyone was negligent or not ends up being for the courts to decide.

Chances are the insurance company is persuing it to recover medical costs. But we do not know for sure.

It happens all too often, I've seen local clubs get taken through the system and have to prove they were not responsible. When you volunteer to help a club out you don't expect that!

I just hope common sense prevails

I am hoping to that it's the insurance company pushing for this....and not Bruce! I hope!

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And there goes Jeffro. One of God's own prototypes. A super high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.

Pimpin' Ho's , Rollin' fatty's......drinkin' beers , beers , beers!! ~ Ja

7/11/2017 8:58 AM

I'd assume this is only driven by medical costs or by the insurance company itself.

Wouldn't be surprised if his medical costs were in the $2-500k range.

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7/11/2017 9:06 AM

Yeah we can all say we have been around the sport for years and claim we wouldn't bring legal action. It's a different matter when the worst happens, you are badly injured and face huge medical bills with apparently no assistance

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7/11/2017 9:08 AM
Edited Date/Time: 7/11/2017 9:15 AM

jeffro503 wrote:

I am hoping to that it's the insurance company pushing for this....and not Bruce! I hope!

My aunt's insurance company made her file suit on her own live-in boyfriend in order to settle the claim when somebody crashed the boyfriend's car (sitting in the driveway) into their house while trying to steal it.

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7/11/2017 9:11 AM

Idk if its the same at all tracks but my local ones make you sign a waiver even if youre not even riding. Shit i had to sign one just to watch the races.

Regardless, blamig the rider isnt exactly a case. Kindof comes with the territory

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7/11/2017 9:14 AM

If everyone entering a given mx park was part owner, would this take care of the sue happy situation issue at mx parks?

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7/11/2017 9:18 AM

Sully22 wrote:

What's hard for me to understand is the Barnes family has been around Washougal MX park and the sport for years, as far back as I can remember, they're fixtures at the Washougal MX park. Sucks Washoulgal MX Park and that list of people are being sued, as it's hard enough for MX facilities and races to exist without lawsuits. My only thought here is this, and I do not know, just asking....did he try to settle, or get them to pay his medical bills and they or their insurance company balked, or what, why did he go to an attorney? Again, I don't know, just asking.

ML512 wrote:

As mentioned above, it could be his insurance company pushing the suit to recover what they paid out. Not sure on that, just saying it's a possibility.

Thanks, missed that post right above mine. Yes, I could see/understand that, based on what type of medical insurance a person does or doesn't have.

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7/11/2017 9:31 AM


This would most likely happen every time a flagger stepped out into the track and got hit "doing his job" like some of you think they should be expected to do.

When someone is looking at mounting medical expenses and/or losing everything they have worked for, they are going to contact an attorney, and that attorney is going to do what an attorney does. They are going to go over the top on claims and be a buzzing gnat of a nuisance until they get a settlement.
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7/11/2017 9:40 AM

Beeby wrote:

Like I said in my post, looks fairly standard. We can all speculate and I'd advise caution even just on a forum. If people express views, especially if you were there on the day they can be taken out of context.

But it's all too common. The waivers really are not worth a lot, you cannot waiver someone's right to be safe and whether anyone was negligent or not ends up being for the courts to decide.

Chances are the insurance company is persuing it to recover medical costs. But we do not know for sure.

It happens all too often, I've seen local clubs get taken through the system and have to prove they were not responsible. When you volunteer to help a club out you don't expect that!

I just hope common sense prevails

jeffro503 wrote:

I am hoping to that it's the insurance company pushing for this....and not Bruce! I hope!

Dirty Points wrote:

My aunt's insurance company made her file suit on her own live-in boyfriend in order to settle the claim when somebody crashed the boyfriend's car (sitting in the driveway) into their house while trying to steal it.

Insurance companies can't force anyone to file a suit against someone else. They can file suit on your behalf using their right of subrogation that virtually every type of policy would include.

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