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-   -   Jury awards family more than $11 million in Texas Motor Speedway lawsuit (https://greekchat.com/gcforums/showthread.php?t=107578)

knight_shadow 09-21-2009 07:37 PM

Jury awards family more than $11 million in Texas Motor Speedway lawsuit
 
FORT WORTH -- A Tarrant County jury has awarded more than $11 million to the family of a boy who was seriously injured after being struck by a car driven by another child in the parking lot at Texas Motor Speedway.

The parents of Ryan Davies, who was injured in 2006, sued the speedway after an accident left the boy with traumatic brain injuries that limit his mobility and mental capacity.


Full Story

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To the lawyers -- why would TMS be held liable for this? Why wouldn't the driving child's parents be held responsible?

dreamseeker 09-21-2009 08:14 PM

yes, but they went after the deep pockets.

knight_shadow 09-21-2009 08:16 PM

Quote:

Originally Posted by dreamseeker (Post 1849434)
yes, but they went after the deep pockets.

Well yea -- I'm just trying to figure out how they had a leg to stand on. Many of the entertainment venues that I've visited had some sort of waiver or sign stating that the park/venue was not held responsible for __________.

Psi U MC Vito 09-21-2009 08:17 PM

Quote:

Originally Posted by dreamseeker (Post 1849434)
yes, but they went after the deep pockets.

Agreed.

Also there is the fact that the accident did take place on TMS land using a piece of TMS property. So legally speaking they did have some responsibility, and it makes sense to hit up the one that can pay more, not necessarily who was in more fault. Just my $.02.

knight_shadow 09-21-2009 08:20 PM

Quote:

Originally Posted by Psi U MC Vito (Post 1849437)
Agreed.

Also there is the fact that the accident did take place on TMS land using a piece of TMS property. So legally speaking they did have some responsibility, and it makes sense to hit up the one that can pay more, not necessarily who was in more fault. Just my $.02.

I did a fundraising event at TMS a few years back. We had to sign waivers and there were also different signs and waivers spread throughout the park (seemingly) absolving the Speedway from liability in the event of injuries. Granted, I didn't visit the "kiddie" section from the article, but I find it hard to believe that they neglected to protect themselves in that area.

Kevin 09-21-2009 08:26 PM

Those waivers aren't necessarily effective.


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