Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
OreoGaborio
I was with you till "hohum injury"...... Hohum injury? Didn't he suffer a broken femur?
In the context of ambulance chasing criteria, especially since the crasher doesn’t sound like a highly paid professional athlete using optimal performance from his limbs to the tune of tens of millions of (potentially lost) income, a broken femur, on this guy, is probably not the most mouth watering circumstance a plaintiffs lawyer could start with.
So yeah. I sure as hell wouldn’t want one, but ho hum, IN the context of calculating actual damages. Pain and suffering is a separate issue but again, I don’t think it’s extreme in the wide world of possibilities.
Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
Degsy
The near death accident was caused by him being a moron and not being able to ride for shit. The sandbags probably added to the complexity of the crash, but they weren't the cause. He's an idiot.
If you watch the video of the incident, you'll laugh your ass off at the difference between his description and what really happened.
I was just confirming/providing facts...well I guess quotes...about his injuries. I didn't say or imply anything about his lawsuit.
Bottom line, I think it's plausible to say he got fucked up. But the seriousness of his injuries aren't really that significant to the debate. When it comes to determining liability, it doesn't really matter whether he cracked his thumb or he broke his spine. It's whether he was responsible for the dismount, and whether the track organizers decisions caused or exacerbated his injuries in a negligent way.
Even if the sandbag wasn't a perfect decision, it was a conscious decision made with good intent to help maintain the track. It's not like the strung an electric cable across the course at neck height to run some equipment or something grossly stupid. Even if someone thinks there was a better way than the sandbags, I don't see how we can expect any business to operate with perfection to the point that they be liable for any imperfect efforts.
Re: It's the end of the fun as we know it...
“Kim’s lead litigator, Sarah London, was a helpful and forthright source.”
I’ll bet.
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Re: It's the end of the fun as we know it...
Are you saying that wasn’t the required evasive action?
Re: It's the end of the fun as we know it...
1. Those sandbags are sketchy as hell and I would in no way feel safe pushing it through that corner
2. Sandbags definitely made that crash worse
3. It's just a track day, riders should take some responsibility for where their comfort levels are and ride accordingly
4. If he in fact crashed after many laps at LS he was fully aware of the sandbags and could have gotten off the track or voiced concern
5. He's really looking like a dick by suing for $15M
Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
Tekime
1. Those sandbags are sketchy as hell and I would in no way feel safe pushing it through that corner
2. Sandbags definitely made that crash worse
3. It's just a track day, riders should take some responsibility for where their comfort levels are and ride accordingly
4. If he in fact crashed after many laps at LS he was fully aware of the sandbags and could have gotten off the track or voiced concern
5. He's really looking like a dick by suing for $15M
Ever ridden at Loudon?
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Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
Degsy
Ever ridden at Loudon?
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This was going to be my exact response hahaha.
Might want to take up knitting son...
Re: It's the end of the fun as we know it...
I do agree with all takimes other points. But, that corner isn't sketchy. It's a sweeper (turn 4) and the only way to go off it if you know how to ride is in a lowside or highside where that sandbag isn't going to make much difference. If you just ride off the track like he did, then you get what you deserve. Sorry. Do the same thing at almost any racetrack and you're going to hit something hard, like a wall.
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Re: It's the end of the fun as we know it...
Or maybe turn 5m I can't remember the turns. It's the one that leads to the big hill up to the corkscrew.
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Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
Degsy
I do agree with all takimes other points. But, that corner isn't sketchy. It's a sweeper (turn 4) and the only way to go off it if you know how to ride is in a lowside or highside where that sandbag isn't going to make much difference. If you just ride off the track like he did, then you get what you deserve. Sorry. Do the same thing at almost any racetrack and you're going to hit something hard, like a wall.
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I do as well. I was triggered at #1.
Re: It's the end of the fun as we know it...
Should I act surprised by your responses? :lol:
I haven't ridden at Loudon but watched enough races there to know it sketches me out! I'm just a noob, what do I know, but I was under the impression it was an established fact that Loudon was for madmen. Not saying I don't want to go there eventually, but...
Quote:
Originally Posted by
Degsy
I do agree with all takimes other points. But, that corner isn't sketchy. It's a sweeper (turn 4) and the only way to go off it if you know how to ride is in a lowside or highside where that sandbag isn't going to make much difference. If you just ride off the track like he did, then you get what you deserve. Sorry. Do the same thing at almost any racetrack and you're going to hit something hard, like a wall.
Ok, this makes sense. Watching the video again, there are clearly no bags where you would expect a crash. Not nearly as sketchy as my first impression. I stand corrected!
Re: It's the end of the fun as we know it...
Exactly. IF this case gets to the "expert witness" stage (and I dont think it will) it will be shot down easily.
I think the outcome will eventually be a settlement of enough for this jackass to go slightly further with his vaporware electric podcar abomination before it dies a timely death.
Quote:
Originally Posted by
Tekime
Should I act surprised by your responses? [emoji38]
I haven't ridden at Loudon but watched enough races there to know it sketches me out! I'm just a noob, what do I know, but I was under the impression it was an established fact that Loudon was for madmen. Not saying I don't want to go there eventually, but...
Ok, this makes sense. Watching the video again, there are clearly no bags where you would expect a crash. Not nearly as sketchy as my first impression. I stand corrected!
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Re: It's the end of the fun as we know it...
This dude would have probably sued Ducati too if his bike hit him after he came off.
Everyone gets a trophy and it's always someone else's fault. It's sad this is what society has become.
Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
DroFiveOh
This dude would have probably sued Ducati too if his bike hit him after he came off.
Everyone gets a trophy and it's always someone else's fault. It's sad this is what society has become.
I was thinking that they missed the biggest fish with their "cast a wide net" lawsuit attempt
Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
DroFiveOh
This dude would have probably sued Ducati too if his bike hit him after he came off.
Everyone gets a trophy and it's always someone else's fault. It's sad this is what society has become.
It's one person in a big world, and he's almost universally hated for what most people see as a money-grab. This shows the opposite of what you think it does.
Re: It's the end of the fun as we know it...
Jakub Kornfeil would make a great expert witness. That bike could have EASILY overcome a little sandbag!
Re: It's the end of the fun as we know it...
Quote:
Originally Posted by
GixerJockey
I was thinking that they missed the biggest fish with their "cast a wide net" lawsuit attempt
That was my thinking as well. Didn't LS get dismissed as a defendant? Without the track, and the other defendants, if there is no insurance to collect from a judgement against the trackday organization will be pretty much worthless.
Re: It's the end of the fun as we know it...
The TD provider has to carry their own insurance.
Re: It's the end of the fun as we know it...
Oh yeah, now I remember, the provider's policy is for 5M, the plantiff is suing for 15M.
I wonder what Kim's medical prognosis is like? I never looked into the femur break, but injuries have pretty standard settlement amounts. I've been through this once from the injured side (negligent driver). It's a wacky system. but likelihood of settlements outside of established norms are low.
Re: It's the end of the fun as we know it...
They almost immediately dropped the suit to $7.5M once they were laughed at by defendant lawyers.
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Re: It's the end of the fun as we know it...