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Beyond that answer to Scott, people should stop talking about assumption of risk and the effectiveness of releases as if they know what they are talking about.
"Old Billy was right: let's kill all the lawyers - kill 'em tonight"...as stolen from Shakespeare.
Any-hoo, thanks for putting it out there on the releases and such.
C U at the races!
The Shop
I've been in the retail/construction supply/hardware business for most of my life. There have been two occasions where the above statement has rung very true.
Back in the late 80's one of our delivery trucks was involved in a wreck. A wrong-way driver hit our delivery truck head-on injuring the driver and two passengers. The (wrong way) driver was driving with a suspended license (from prior DUI arrests). Our delivery driver did absolutely nothing wrong and was cleared of any wrongdoing in the police report.
A few months later, the wife of one of the passengers of the wrong-way pickup sued us citing, "emotional pain and suffering" since her husband could no longer (allegedly) perform in bed. Our insurance company settled out of court for over $20,000. Why? Because it was cheaper to settle than challenge.
Just last year, a lady walked into our store and saw our store cat lounging on the counter. She lost her shit and fell down trying to run out of the store. She claimed that she was deathly afraid of cats. Kitty cats. The cat didn't do anything, it was just laying there. Well, about four months later, I get a call from that lady asking for money for, "pain and suffering" saying that she messed her back up when she fell down. I told her to pound sand. She sued.
In a discussion with the insurance adjuster, he told me that they'd end up settling, it simply wasn't worth the fight. The only bright spot was that it would only be for a few thousand, and her lawyer would get most of it.
People will follow the money. In the case of the wreck, the deadbeat driver didn't have shit, so who did they go after? The individual with the most money.
http://www.lni.wa.gov/ClaimsIns/Insurance/Learn/Volunteers/
As for the actual suit, it seems most likely that the flagger is in fact suing for his personal injuries, medical expenses, loss earnings, pain and suffering, etc. I can only speculate as to why the suit is being brought, it may be an absence of health insurance or overwhelming medical expenses are the motivation. Highly unlikely that it is an Insurance Company forcing the flagger to sue as it is not being brought by the company as a subrogation claim. Generally the Insurance company only has a lien against whatever the individual recovers meaning they get paid out of a settlement. I am not aware of any State where someone can be forced to sue.
But heck, this is just speculation like everyone else.
I wonder if the guy being Canadian adds a twist!
But he also knew of the dislike most people had for them, and the comedic value of suggesting their wholesale demise. Clever man, was Will.
Pit Row
I just have a hunch that this is far more insurance company driven than that one was.......
Could be wrong, and I'm sure that more information will come out over time.
Go to the hospital and, being honest I say what happened.....the insurance company called me several times trying to get his information from me to go after his home owners insurance company. I told them there is no way I would let them know where I was riding, 2 broken ribs isn't going to break the bank and if I had to I would pay the whole thing out of pocket before I tell them his information. It wasn't his fault, I was the one controlling the bike and well, shit happens!
I know Bruce's injuries were way worse than mine and he damn near died. So I could imagine that his expenses paid by insurance was several hundred grand at the least. Given that, I can totally see the insurance company going after the track to re-coup those costs, its just what they do. From what I have been told Bruce didnt' want this to happen and the insurance is driving this, he has no choice or say in the matter.
Not sticking up for him at all, I think this whole thing is BS, and part of me wants to believe that he isn't spearheading this and that his hands are tied. But the way that article was written it sure seemed like he had a large hand in it.
The Huffmans are a kick ass family and run a tight ship up there. Ryan has been on point and really has poured his heart and soul into that place and its good to see. They by no means would intentionally put someone in harms way, thats not them. And to go after the rider? Thats just freaking insane!!!!!
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