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Fan hit by debris in 2006 race sues Lowe’s Motor Speedway
By Bob Pockrass - Associate Editor
Thursday, June 11, 2009
A spectator in the stands hit by a flying car shock absorber during a race in May 2006 in what is now the Nationwide Series has filed suit against Lowe’s Motor Speedway.
Robert James Kaine claims a piece of metallic debris “sliced open [his] right thigh area just above the knee” late in the event, according to the complaint filed in North Carolina Superior Court in Concord, N.C.
Kaine, who resides in Canada, claims his injuries are permanent. There were no further details of the injuries suffered by what Kaine identifies as a part of a shock.
Kaine claims that the injuries were caused by the negligence of LMS because of inadequate fencing.
The complaint doesn’t specify the car, but it was during that race where Jay Robinson Racing’s Randy LaJoie had a single-car accident on lap 178 and a shock flew into the stands. There was a dent in the bleacher on Row 15 where the piece struck, according to a SceneDaily.com story from that event.
Two spectators were taken to the hospital that day for injuries from the flying piece of debris, according to track officials at the time.
The lawsuit was filed May 20, a week before the three-year statute of limitations would run out for such a claim.
The injuries from that incident are believed to be the only fan injuries from debris at the track in the last nine years.
Lowe’s Motor Speedway spokesman Scott Cooper said he could not comment on pending litigation.
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27 responses to "Fan hit by debris in 2006 race sues Lowe’s Motor Speedway". Post a Comment.
butzson said:
Jun 11, 2009 at 2:16 PMThis is all they need. First of all to all race fans when you attend a race, there is a chance you could get hurt by flying debris. It's an open air race. The fence, any fence, cannot guarantee that you won't be hit by something. If this worries you sit higher up in the stands.
Report as AbuseWhy have we become a nation that sues each other over everything. We need to take some personal responsiblity.
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» Confirm Abuse Report86elky said:
Jun 11, 2009 at 2:29 PMAnother greedy person taking advantage of the American Dream...sue someone! Good as hitting the Lotto! Where is it gonna end???
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» Confirm Abuse Reportmssgreendot said:
Jun 11, 2009 at 2:33 PMYou know when you for instance buy a baseball ticket, it says right on it, they are not responable for any injuries you may occur, unless their steps are faulty, etc.
Report as AbuseI however don't remember seeing that on NASCAR tickets, maybe they should put that one them too
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» Confirm Abuse Reportrainescudd said:
Jun 11, 2009 at 2:36 PMThe question is, why did he wait until a week before the statute of limitations expired? If he had a strong case the claimant would have filed long before this. Evidently Lowe's Motorspeedway's insurance company didn't offer him the millions in punitive damages he felt he deserved. You're right Butzson, no one takes responsibility for themselves anymore.
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» Confirm Abuse Reportdmac1313 said:
Jun 11, 2009 at 2:48 PMYea, NA$CAR needs all the help it can get.
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» Confirm Abuse Reportbhstoneman said:
Jun 11, 2009 at 3:04 PMI hope he isn't suing Randy as well as Lowe's Motor Speedway. Bruten Smith has plenty of money; let him sue Mr. Smith.
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» Confirm Abuse Report24shaun24 said:
Jun 11, 2009 at 3:05 PMhe just wants some money. what a schmuck. why wait until a week untilit expired? wut an idiot
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» Confirm Abuse ReportDragonfly said:
Jun 11, 2009 at 3:08 PMActually, on the back of the tickets it does say "The holder of this ticket expressly assumes all risk incidental to this racing event and agrees that all race participants, sanctioning bodies, and all employees, agents, officers, and directors of LVMS and it's affiliates are released and held harmless from any and all such injuries, damages, or claims arising from the events."
Report as AbuseAnd this is on the back of EVERY race ticket I have ever bought!
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» Confirm Abuse Reportkidblu32 said:
Jun 11, 2009 at 3:35 PMYeah for dragonfly I'm glad I'm not the only one that reads the fine print on the tickets. I have been to the 600 for 5yrs running and my tickets always have said that I not the track assume any and all risk. Sorry the guy got hurt but he should have read the fine print as well.
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» Confirm Abuse Reportvettedude1950 said:
Jun 11, 2009 at 3:44 PMIf you're sitting on row 15 you don't expect to be struck by flying car parts! The disclaimer on the ticket is not legally binding. The fans at Charlotte a few years ago didn't expect the pedestrian bridge to fall onto Hwy.29 either, but the speedway was responsible and they went after the concrete beam makers.
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» Confirm Abuse Reportscott-baker said:
Jun 11, 2009 at 3:57 PMWow, this Robert James Kaine needs to stay in Canada. Are there any MEN from Canada? Wonder what the MEN from Canada have to say about Robert James's actions.
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» Confirm Abuse Reportdale said:
Jun 11, 2009 at 4:39 PMbutzson, the guy suing is from Canada, not the US.
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» Confirm Abuse Reportrcorbitt said:
Jun 11, 2009 at 4:40 PMTo all of you who put someone down because they are suing NASCAR because of an injury that they did not cause, consider this; what if it had been you, your wife or child, etc. ? I bet you would be the first one to get a lawyer. As for baseball i remember reading about a young boy being killed from a foul ball at a major league game and the family settled out of court for several million dollars even though a warning was on each ticket.
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» Confirm Abuse Report86elky said:
Jun 11, 2009 at 4:43 PMMust thank greedy people like this for our high insurance rates too!
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» Confirm Abuse Reportdiva328594 said:
Jun 11, 2009 at 4:51 PMI think that this was done for the money, if was from the injury then they would have filed sooner as not to risk getting proper treatment. Is sad that people do not respect the sport enough to assume their is risk in going to the track just the same as their is risk in crossing the street. Given the few amount of race related injuries to the amount of people attending I feel that a good job is being done to ensure safety.
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» Confirm Abuse ReportWerner said:
Jun 11, 2009 at 5:20 PMsomething like the woman who is suing Captain Crunch...she just found out there's no such thing as Crunch Berries...will the Captain take the witness stand?......well if the article is correct...he claims the injury is permanent...let the courts decide...
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» Confirm Abuse Reportkaykasey9 said:
Jun 11, 2009 at 5:22 PMI have read the back of my tickets and agree with them. It is not thefault of NASCAR, by waiting so long makes me think that some lawyer is trying to get something out of thei. Just your basic ambulance chaser.
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» Confirm Abuse Reportphoenix said:
Jun 11, 2009 at 6:10 PMI don't think Bruton (or any of his accountants) are losing any sleep over this one.
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» Confirm Abuse Reportgwen_susie388 said:
Jun 11, 2009 at 7:16 PMRemember the woman who sued McDonalds because her coffee was to hot? I've always heard you can sue anyone for anything at anytime! I agree with Werner, let the courts decide!
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» Confirm Abuse Reportrskirkpatrick said:
Jun 11, 2009 at 8:41 PMYou don't expect to have to go to the hospital for an injury when attending a race. However I would think that track would compensate the injured in someway, if they refused the only course of action is a lawsuit. I agree spilling hot coffee in one's lap isn't the seller of the coffee's fault, but getting hit by a piece of debris isn't the expected result of going to a race and no fault of the injured.
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» Confirm Abuse Reportkimba9 said:
Jun 11, 2009 at 10:06 PMi witnessed a man being hit by a tire falling off a racecar at one of the local asphalt tracks where I'm from and that tire went UP a huge hillside. there was fencing around it and it flew up and over and hit him in the face, nearly killed him. He sued the track, and thankfully he fully recovered after several surgeries. Bet he never in a million years thought that tire would fly uphill that far and over a fence!! I'm sure I never thought I wasn't safe sitting up on the hillside like that. Accidents happen, just not sure why this guy waited til one week before to file if he was obviously hurt.
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» Confirm Abuse Reportxbrownsx said:
Jun 11, 2009 at 11:54 PMThis is exactly the reason why NASCAR tickets cost more than they need to, why insurance rates are grossly high, in order to pay for lawsuits, fraud, and outright scams.
Report as AbuseEstimates that any ticket, food prices ect. would cost 41% less if companies did not have to pay their own insurance for frivilious lawsuits, hire security personell and equipment, ect.
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» Confirm Abuse Reportfredstephens said:
Jun 12, 2009 at 9:39 AMnumbers 1 thru 22. You were the one hit by the flying part and permanently injured. SMI did not offer to pay any of your expenses, even after many attempts. You feel the pain and see the wound each day. I know none of you would pursue legal action, "for the good of NASCAR, Lowe's Speedway. owner Bruton Smith and the poor France family." WOULD YOU ?
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» Confirm Abuse Reportgrumpyjim52 said:
Jun 12, 2009 at 9:48 AMLook at your ticket, it states you waive your rights in case of an injury,especially when you file suit up against the time allotted for statute of limitations LOL.
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» Confirm Abuse ReportHeadShot17 said:
Jun 12, 2009 at 4:48 PMBuyer Beware!!
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» Confirm Abuse Reportscott_30_27288 said:
Jun 13, 2009 at 2:01 PMAs many have stated, the guy is obviously trying to milk this thing for all it's worth. Otherwise he would've sued way before now. I hope he doesn't get a dime.
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» Confirm Abuse Reportrobby_7_fan said:
Jun 15, 2009 at 6:41 PMI hope the court says question as to why he took so long to sue and then say there is a statute of limitation on it and doesn't give him a dime.
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