Washougal MX being sued---

Tracktor
Profile picture for user Tracktor
Posts
2344
Joined
8/17/2006
Location
The RTF/Amboy, WA US
Tracktor
Edited Date/Time 2/19/2019 4:52pm
So much crazy here it's baffling.....http://www.columbian.com/news/2017/jul/10/man-sues-washougal-motocross-…
|
Beeby
Profile picture for user Beeby
Posts
1520
Joined
9/3/2009
Location
Chicago, IL US
Beeby 7/11/2017 7:51am
7/11/2017 7:51am
All looks fairly standard to me.
1
JeepnMike
Profile picture for user JeepnMike
Posts
2528
Joined
10/18/2012
Location
Enumclaw, WA US
JeepnMike 7/11/2017 7:58am
7/11/2017 7:58am
Anybody local will say "WOW!" out loud. Holy smokes.. I am trying to put myself in his shoes to understand.
JW381
Profile picture for user JW381
Posts
10642
Joined
7/21/2009
Location
Harrisburg, OR US
JW381 7/11/2017 8:07am
7/11/2017 8:07am
WOW is right. Holy shit

The Shop

See All »
SmokinJoe439 7/11/2017 8:13am
7/11/2017 8:13am Edited Date/Time 7/11/2017 8:16am
Wow what you expect with today's sue happy make me rich world.
303eaze
Profile picture for user 303eaze
Posts
7
Joined
4/17/2014
Location
Ellijay, GA US
303eaze 7/11/2017 8:19am
7/11/2017 8:19am
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

1
Harry Backmon 7/11/2017 8:24am
7/11/2017 8:24am
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.
1
CalRMX
Profile picture for user CalRMX
Posts
199
Joined
4/17/2015
Location
Brea, CA US
CalRMX 7/11/2017 8:24am
7/11/2017 8:24am
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
1
Jack_Mehoff
Profile picture for user Jack_Mehoff
Posts
177
Joined
9/25/2016
Location
Golden, CO US
Fantasy
57th
Jack_Mehoff 7/11/2017 8:27am
7/11/2017 8:27am
Wow and I always thought mx tracks were safe places. This dude has got to be the first person hurt at one right?
mxtech1
Profile picture for user mxtech1
Posts
1958
Joined
7/21/2011
Location
Galesburg, IL US
mxtech1 7/11/2017 8:29am
7/11/2017 8:29am
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.
1
Sully22
Profile picture for user Sully22
Posts
2019
Joined
9/9/2009
Location
NV US
Sully22 7/11/2017 8:34am
7/11/2017 8:34am
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
Profile picture for user ML512
Posts
15463
Joined
12/28/2008
Location
Wildomar, CA US
Fantasy
54th
ML512 7/11/2017 8:36am
7/11/2017 8:36am
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...
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.
1
jeffro503
Profile picture for user jeffro503
Posts
27442
Joined
7/22/2007
Location
St Helens, OR US
jeffro503 7/11/2017 8:39am
7/11/2017 8:39am
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.
1
SeaClassExpert 7/11/2017 8:40am
7/11/2017 8:40am
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.
1
TJ 755
Profile picture for user TJ 755
Posts
1894
Joined
8/16/2006
Location
North Bend, WA US
TJ 755 7/11/2017 8:41am
7/11/2017 8:41am
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

Pit Row

See All »
slipdog
Profile picture for user slipdog
Posts
10044
Joined
7/25/2009
Location
Nor Cal, CA US
slipdog 7/11/2017 8:43am
7/11/2017 8:43am
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...
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.
1
Beeby
Profile picture for user Beeby
Posts
1520
Joined
9/3/2009
Location
Chicago, IL US
Beeby 7/11/2017 8:46am
7/11/2017 8:46am Edited Date/Time 7/11/2017 8:47am
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
Profile picture for user jeffro503
Posts
27442
Joined
7/22/2007
Location
St Helens, OR US
jeffro503 7/11/2017 8:49am
7/11/2017 8:49am
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...
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!
Jbulz
Profile picture for user Jbulz
Posts
882
Joined
3/29/2016
Location
Ithaca, NY US
Fantasy
4086th
Jbulz 7/11/2017 8:58am
7/11/2017 8:58am
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.
Beeby
Profile picture for user Beeby
Posts
1520
Joined
9/3/2009
Location
Chicago, IL US
Beeby 7/11/2017 9:06am
7/11/2017 9:06am
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
Dirty Points 7/11/2017 9:08am
7/11/2017 9:08am Edited Date/Time 7/11/2017 9:15am
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.
Acidreamer
Profile picture for user Acidreamer
Posts
1794
Joined
8/25/2015
Location
Mansfield, OH US
Acidreamer 7/11/2017 9:11am
7/11/2017 9:11am
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
endurox
Profile picture for user endurox
Posts
1886
Joined
3/22/2014
Location
Garden City, ID US
endurox 7/11/2017 9:14am
7/11/2017 9:14am
If everyone entering a given mx park was part owner, would this take care of the sue happy situation issue at mx parks?
1
Sully22
Profile picture for user Sully22
Posts
2019
Joined
9/9/2009
Location
NV US
Sully22 7/11/2017 9:18am
7/11/2017 9:18am
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...
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...
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.
JustMX
Profile picture for user JustMX
Posts
4621
Joined
4/1/2008
Location
TN US
JustMX 7/11/2017 9:31am
7/11/2017 9:31am

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.
1
APLMAN99
Profile picture for user APLMAN99
Posts
10108
Joined
4/1/2008
Location
Dallas, TX US
APLMAN99 7/11/2017 9:40am
7/11/2017 9:40am
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...
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.
1
KirkChandler
Profile picture for user KirkChandler
Posts
1667
Joined
7/31/2015
Location
Oceanside, CA US
Fantasy
278th
KirkChandler 7/11/2017 9:44am
7/11/2017 9:44am
The defendants should win based on the claims presented. The fact the plaintiff has been around forever and is "core" will be to his detriment. You can't claim " I didn't know it was dangerous" and have been around for 20 years.

The attorney threw in everyone, because one of those companies' insurance company will settle to avoid the fight.
1

Post a reply to: Washougal MX being sued---