NHMS Lawsuit

[jtaylor719]

I don't have enough names to call a guy like this...I hope he gets NOTHING, just for being another one of those people that can't take responsibility for their own actions:

http://www.concordmonitor.com/apps/p...PAGE/906230301

[Pittenger5]

He should at least get workmans comp as far as I'm concerned. If you're working, it shouldnt matter what happens to the money you're "earning"

[brendanp]

Next time he'll wear his helmet!

[Manny]

Guy shows up to help donate his time to charity.

Someone tells him to get on the back of the golf cart and go to where he is needed. Driver of cart speeds and then swerves causing man to fall on his head and end up not being able to control his own bodily functions and disabled for the rest of his life.

Shouldn't someone be responsible for this?

Do I know it happened like that, no, but it could have.

NHMS should have insurance in place to protect themselves against situations like this. I hope he gets something.

[Jaynnus]

For his own actions? Really? Someone else was driving the cart, sounds like it's not his fault. I'm not saying it's NHMS' fault either.

Exactly.

The old ownership would have certainly been sure he signed a waiver at the gate even to volunteer.

With a serious injury like that, somehow someone will foot the bill. I hope he gets the assistance that he needs.

[kb1]

Pay the guy some workman's comp, sounds to me like he tried his darndest to get the compensation he deserved for his injuries without going this route. I hope he at least receives the money that is entitled to him.

[Ericthejet]

Next time he'll wear his helmet!

The man may be disabled for life and ...nevermind.

[Ericthejet]

I don't have enough names to call a guy like this...I hope he gets NOTHING, just for being another one of those people that can't take responsibility for their own actions:

http://www.concordmonitor.com/apps/p...PAGE/906230301

[JettaJayGLS]

I think its a bit odd that he is going after NHMS, the guy driving, the golf cart company, and the food company.

That seems like a bit of overkill....but to be honest, if i was him, I can't say i wouldn't do the same.

[Catach]

Usually things like this infuriate me, but what the hell is the guy supposed to do? If I were in the same situation I would be pursuing every possible avenue to get what I needed. Sad story really. I hope he gets what he needs.

[qkathanagsxxa]

"The suit claims the racetrack was negligent because it did not post speed limits or limit the speed at which golf carts could travel, did not train the driver to operate the vehicle safely and did not restrict people from traveling in the back of the cart. It accuses the driver of operating the cart unsafely and the cart manufacturer of making a dangerous product."

HMMMM its a race track first of all, secondly how fast does a golf cart even go? Last time i checked it wasnt over 20MPH... im sure the driver of the cart had a specific reason he was swerving. I mean i feel for the guy because he is now impaired, but if he is stupid enough to be hanging off the back of the cart like an idiot then...


"did not train the driver to operate the vehicle safely"

last time i checked you didnt need a lisence for a fucking golf cart. This article makes me wonder why some people even exist.

Like i said the guy doesnt deserve a brain or head injury, but in my personal opinion he should have been cautious about sitting on the back of the cart, and possibly more aware of his surroudings i.e. a race track...

Just my $.02

[kb1]

Usually things like this infuriate me, but what the hell is the guy supposed to do? If I were in the same situation I would be pursuing every possible avenue to get what I needed. Sad story really. I hope he gets what he needs.

Seems to me this guy pursued all possible avenues to get what he needed and everyone shut the door on him. I would most likely do the exact same thing.

[OreoGaborio]

Wirelessly posted (Samsung Lube.... Er, Glyde: Mozilla/5.0 440x240 Samsung SCH-U940 NetFront/3.4)

Shitty all around

[SRTie4k]

Tough situation.

I feel for the guy for what happened to him, and I can't imagine what brain surgery is going to cost him. I hope he has insurance.

But I also think its ridiculous that he's suing everybody and their mother. What does the golf cart manufacturer or the food vendors have to do with what happened? Sounds like he's embittered and trying to take everything he can at the behest of some money grubbing lawyer.

It's too bad the track was dumb enough to deny him workman's comp at the very least. I wonder if it would have ended up at this point regardless, though.

[DuncanMoto]

I won't even comment on the insensitivity of the original poster of this thread.

It is sad that this guy was hurt. He was hurt while volunteering. He was not even competing. He deserves to be taken care of and the money will come from the ridiculous insurance companies as justified by the court. The insurance companies need to pay out every once in a while anyways.

[newgixxerchic]

I think anyone involved should cover medical bills at least. I know if I was the operator of the golf cart I would feel horrible, and I would do anything I possible could to help out any way I could.

[legalspeed]

There is a posted speed limit at the track: 15mph. You can see it entering the tunnel, and various other places on the track property.

I don't know how long the signs have been up, but it has been announced (rider's meetings) as the speed limit on the property for at least 7 years.

Or, you could just ask Nate.


This would probably be a good time to remind ourselves and our friends that attend track events to please be careful, obey the speed limit, and watch for children, or we may lose the privilidge of using the track.

[palanon]

Kiss of a few more charitable opportunities. Regardless of who's fault it is, the track will have to limit their liability exposure. The track does a lot of things like that. Even the Boy Scouts and Cub scouts get in on the work for charity thing. They send over lots of kids to help cleanup after NASCAR and other events. It's mutually beneficial to all.

Negligence vs. accident is what will be the issue. Not just the fact it happened at the track.

Golf carts are another story. Way to many people treat them as a cool toy to play with. They think because the carts are relatively slow, nothing bad can happen. They're still a motor vehicle and people can get hurt or killed if they act stuuupid.

I did government contracting, mostly millitary bases, for over ten years. We used golf carts to move people and equipment on most bases. The stupid I've seen would fill many a book. The best one - Defence Depot in Memphis, Tenn. - 2 3rd shift employees thought it would be great to take one of the carts and go " 4 wheelin' " in the rail yard. They had absolutly no reason to be in that part of the base. These probably drunk mouth breathers ended up hitting a track switching station ( a big ass metal pole with a metal flag used to switch trains from one track to another ) throwing them through the plexiglass windshield and totaling the golf cart.

They both filed for Workman's Comp. and won. They probably won subsequent law suits too. Gotta love socialist type states.

By the sound of it, this man and his family could be in big trouble. His family could be facing huge medical bills and financial hardship. Can you blame them if it comes down to feeding the family and keeping a roof over their heads? Volunteer for charity and end up destitute? This could end up a tragic accident or negligence. Only those directly involved will know. However, no matter the outcome, this will have a profound impact on how the track conducts business.

[GixerJockey]

To everyone that had a negative comment:


Put yourself in his shoes (or wheelchair), and then tell me you wouldn't file exactly the same law suits.

[SRTie4k]

To everyone that had a negative comment:


Put yourself in his shoes (or wheelchair), and then tell me you wouldn't file exactly the same law suits.

I wouldn't have filed against the golf cart company or the various others that had absolutely nothing to do with the incident.

[brendanp]

To everyone that had a negative comment:


Put yourself in his shoes (or wheelchair), and then tell me you wouldn't file exactly the same law suits.

Well, by him trying to sue NHMS is the reason that pricing can go up for all of us to run track days. I feel bad for the guy, but I peronally dont have time to worry about everyone in the world's misfortune. It just so happens to be at a place that we all have a lot in common. When it comes to lawsuits, most go after everyone and in the end, get very little. People have to take responsibility for their own actions. If I was standing on the back seat of a bike going down the track and fell off and got hurt, should I sue NHMS for letting me do it or because there were no posted rules about this? Gimme a break... Rules only get imposed after the fact, and that is how everyone ends up suffering...

[palanon]

Just as one FYI for those bashing the injured guy;

He and the family have no input to the law suit now. It's in the lawyer's hands now. It's pretty standard to list anyone/company that could be even remotely be tied to a suit in the initial filling. Most will be dropped of the list of defendant's after awhile. I'm surprised the gasoline, oil and tire companies weren't listed.

[palanon]

Also - Workman's Comp. Ins. is based on a % of actual payroll for a given job/type description. This is for actual employee's that have filled out all the paper work required and been added to a companies payroll. Insurance audits are done yearly to adjust payments up or down based on the actual payroll paid out by the company.

Contractors or volunteers do not fit in to the coverage or liability.

[BLACK SQUIRREL]

"The suit claims the racetrack was negligent because it did not post speed limits or limit the speed at which golf carts could travel, did not train the driver to operate the vehicle safely and did not restrict people from traveling in the back of the cart. It accuses the driver of operating the cart unsafely and the cart manufacturer of making a dangerous product."

HMMMM its a race track first of all, secondly how fast does a golf cart even go? Last time i checked it wasnt over 20MPH... im sure the driver of the cart had a specific reason he was swerving. I mean i feel for the guy because he is now impaired, but if he is stupid enough to be hanging off the back of the cart like an idiot then...


"did not train the driver to operate the vehicle safely"


last time i checked you didnt need a lisence for a fucking golf cart. This article makes me wonder why some people even exist.

Like i said the guy doesnt deserve a brain or head injury, but in my personal opinion he should have been cautious about sitting on the back of the cart, and possibly more aware of his surroudings i.e. a race track...

Just my $.02

That is Typical in a "Lawsuit" It is referred to as Casting the widest net Possible. It Makes everybody Involved (for right or wrong) It keeps the defense From Passing the blame To Other parties.

Remember This guy Needs Help, The Lawyers are the one who are doing the actual Case, This guy did not decide who he was going to sue. His lawyer knows what he is doing

[BLACK SQUIRREL]

Well, by him trying to sue NHMS is the reason that pricing can go up for all of us to run track days. I feel bad for the guy, but I peronally dont have time to worry about everyone in the world's misfortune. It just so happens to be at a place that we all have a lot in common. When it comes to lawsuits, most go after everyone and in the end, get very little. People have to take responsibility for their own actions. If I was standing on the back seat of a bike going down the track and fell off and got hurt, should I sue NHMS for letting me do it or because there were no posted rules about this? Gimme a break... Rules only get imposed after the fact, and that is how everyone ends up suffering...

For real?