Hmmmm

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Hmmmm

Postby dcarusillo on Wed Apr 04, 2018 9:50 am

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Re: Hmmmm

Postby mrondeau on Wed Apr 04, 2018 7:31 pm

Another case of an individual who wants someone else to take responsibility for his actions and is looking for a huge payday. Hopefully the judge/jury will see this for what it is and tell him to pound sand(bags). The fact that they attempted to sue Mazda and others that weren't involved at all let’s you know everything you need to know about the mindset of the plaintiff and his attorney.

Enjoy track events while you can. In this litigious,”the world owes me”, narcissistic society that we live in, our ability to enjoy our cars may be coming to an end.
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Re: Hmmmm

Postby Old Guy on Wed Apr 04, 2018 9:49 pm

We're already suffering this...CA restrictions versus other states, that is. As I've mentioned to various of you, before moving to CA in 2011, we were in VA for 3 years. The BMW National Capitol Chapter regularly had DIY Sessions at top-level shops and BMW dealerships whereat we actually worked on our cars. Regularly there was a Ladies session that encouraged that part of the chapter population to get their hands dirty (in fact, there is one coming up at one of the local VA/MD BMW dealerships as I write this). Just a few jobs I myself accomplished: changing brake discs, steering wheel replacement, oil/air/cabin filter changes (of course), removing the clutch delay valve and bleeding the clutch system, brake fluid changes, replacing damaged fender and under-body plastic panels, wheel set swaps...and on and on. It was great being at a dealership because we were given all available lifts, one or two shop techs pulled advisor duty, plus when a part was needed, we simply walked to the Parts Department to get it. The sort-of-enforced rule was that your job should be doable within 3 hours. Another: bring your own tools. Coffee/donuts in the morning. Lunch was provided. The overall charge was "reasonable" given the social and practical aspects of the events. Oh - yes, we signed the standard waiver first thing in the morning.

But then we moved to CA.... When I asked the local BMW folks about chapter DIY sessions I was met with howls of derisive laughter. "Dufus, you're in California now." I think there were some comments about lawyers as well, but given that one of my best friends and our eldest son are both lawyers, I'll do the Monty Python thing and "Say No More" on that topic...other than to opine that apparently CA is a more litigious society than VA. So much for car club dealership workshop DIYs. Too bad.
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Re: Hmmmm

Postby Rschreckhise on Wed Apr 04, 2018 10:04 pm

I’m sure the plaintiff will settle with the insurance company for $5M, and it will have zero impact on track days for the rest of us.

There is substantial legal precedent for “He signed the waiver”. For example https://www.wicourts.gov/ca/opinion/Dis ... seqNo=3741
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Re: Hmmmm

Postby sf.in.sd on Thu Apr 05, 2018 9:48 am

All this legal stuff is depressing enough, but the article Dan posted also had a link to this cheery headline...
Instructor, Student Killed In Fiery Lamborghini Track Experience Crash In Las Vegas [old news from Feb., but I don't recall hearing about it]
Yikes!
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Re: Hmmmm

Postby Dan Chambers on Fri Apr 06, 2018 8:19 am

mrondeau wrote:Another case of an individual who wants someone else to take responsibility for his actions and is looking for a huge payday. Hopefully the judge/jury will see this for what it is and tell him to pound sand(bags). The fact that they attempted to sue Mazda and others that weren't involved at all let’s you know everything you need to know about the mindset of the plaintiff and his attorney.

Enjoy track events while you can. In this litigious,”the world owes me”, narcissistic society that we live in, our ability to enjoy our cars may be coming to an end.


+1

The mis-informing article states that the the rider was attempting to pass on the outside when the incident occurred. BALONEY!!! The rider-at-fault was never near the rider in front. The error was soley, and simply, the rider's fault for misjudging the track-out on the corner and going too hot and too wide out from the apex. The fault does not lie with the rider in front. The fault does not lie with the organizers that put on the event (they don't manage the physical aspects of the track, or the skillset of the rider). The fault does not lie with the owners / managers of the facility; they inform the participants of the conditions of the facility and the participants accept those conditions in order to participate. The fault lies soley and clearly with the rider that went off. He drove the line incorrectly, too fast, and chose a dangerous spot to go off.

As to the "hazard left on the track" by anyone involved in these events... how many laps did this rider take and note the safe places to go off? How many times did the rider observe where hazards may lie and drive safely / appropriately to avoid danger. One of the first things said in our driver's meetings is ... "Know where the safe places are to go off." Is it safe to go off at Turn 1 - 2 at Fontana? :shock: Is it safe to go off at Turn 9 at Willow Springs? :shock: Is it safe to go off at the Waterfall at SOW? :shock: Is it safe to go off sideways on PhilHill at Buttonwillow? :shock:

In my mind ... and driving ... I make sure I'm in control enough to avoid going off anywhere ... at all costs; including NOT catching someone faster than me that's ahead of me. In the extremely rare occasion that I do go off, it's either a mechanical failure (tires going away, debris I failed to miss on the track, running out of gas at the apex), or my blatant stupidity at pushing too hard where better judgement was called for. (Note to self: park the ego at the curb and ignore the Red Mist when driving at the track.)

When will we see a return to people behaving in a mature manner; where the first thing out of their mouths is " I am soley responsible for my actions, and the consequences ... good and bad ... of my actions"?

Boy, it sucks getting old. :roflmao: :grr:
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Re: Hmmmm

Postby Old Guy on Fri Apr 06, 2018 7:32 pm

I believe the Vegas event was at the Speed Vegas location that one passes (it's off to the right) as you enter Vegas on I-15. If you go to their website (http://www.speedvegas.com) and find the track map you'll see that it is an odd-shaped track that allows drivers to go pretty darn fast. Inexperienced drivers in super cars. What could possibly go wrong??
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Re: Hmmmm

Postby Mike on Sun Apr 08, 2018 7:47 am

Dan Chambers wrote:where the first thing out of their mouths is " I am soley responsible for my actions, and the consequences ... good and bad ... of my actions"?


The classic is "not my fault, are you going to pay to fix my car"?

Update court found against the rider.
https://altdriver.com/news/daniel-kim-m ... h-lawsuit/

his case against SCRAMP, the county & mazda was thrown out by the judge.

evidently the club promoting the event is still being sued by mr kim and could still jeopardize track days as we know them in the future.
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