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Man hurt at speedway starts suit

December 2, 2013

FONDA — A Fort Johnson man who was paralyzed after being struck by a tire at Fonda Speedway is taking legal action against the company that owns the race track, as well as three governing bodies....

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(22)

rschweizer

Dec-05-13 2:19 AM

drugsrus, you're till not getting it. The way you make this out to be is that this guy has even won anything. No trial, jury, or judge? Thankfully, all of those are matters of reality; not what you think.

He has a right to file a claim; doesn't mean he'll win.

Yes, it's an accident; but if he can PROVE that the accident was preventable then he claim a good chunk for that failure.

That's how it works, and don't you dare think for a moment that you wouldn't do the same if the same happened to you or your spouse.

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drugsrus

Dec-03-13 11:40 PM

swizzer - that's why they call them accidents and not on purposes. People need to start realizing that not everything is somebody's fault.

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Stackrat

Dec-03-13 11:26 PM

I am pleased my sarcasm makes itself apparent without clarification.

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NottaPinko

Dec-03-13 11:08 PM

One night we were on the back of the hauler down by the 3rd turn pit entrance waiting to line up for our heat & noticed a girl walking from the pit concession & 50' behind her a baby maybe 2 yrs old following her toward the old Street stock pits over by the river. When the baby cleared the pit entrance the Street stock class came roaring into the pits. The lights coming off the track are blinding & if they came in 30 seconds sooner that baby would have never been seen. Like I say, why are spectators even allowed in the pits? That's what the grand stands & bleachers are for. For years things have been goin on beyond what the spectators have any clue about. Dave's not the first guy to get hurt & will not be the last. The pits are a dangerous place & if you have no business there stay in the stands. If you have business there assume the risks like the rest of us

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TiredOfTax

Dec-03-13 10:07 PM

Welcome back RS, any good that may come from anything is not from anything that you have ever had to say. I assume that in your extended absence you used that time to locate the proof that big oil stole all of the plans to save the planet and that walmart tires are to blame? Still playing way out in left field I see, good luck out there... many bats have been spotted there!

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rschweizer

Dec-03-13 9:23 PM

drugs, 'Maybe there are variables that the chances are a million to one that they could be reproduced. '

Spot on, which is exactly why the facts need to come out at trial.

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rschweizer

Dec-03-13 9:22 PM

Insane, the answer is simple: if the Plaintiff can prove that the accident could have been prevented but for the Defendant's negligence, then yes, the people of Montgomery County's insurance carrier will have to pay for said accident.

This is how it works whether or not you or anyone else agrees with it.

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drugsrus

Dec-03-13 4:35 PM

Stackrat, I'll just guess that your first sentence is a sarcastic remark and you don't really mean it. The last sentence is 100% truth.

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Insane

Dec-03-13 1:07 PM

To Dave Gibson: Please explain to the good people of Montgomery County why they should pay for an accident. Did he not know the dangers, had he not been invovled in racing for more than 20 years, was no one else hurt? Better yet why don't you dig deep into your pockets and help this man out.

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Stackrat

Dec-02-13 11:23 PM

Close the track, stop having fun anywhere if there is a chance you may get hurt. Does anyone remember the "diving board"?! The only ones making out here are the lawyers and insurance companies.

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Redrocket

Dec-02-13 10:15 PM

Rschweizer, what does punitive mean? Is that the same as deminimus?

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drugsrus

Dec-02-13 10:02 PM

swizzer, were you there???? do you have a clue as to what goes on at a race track ????? How much do you actually know about Mr. Buanno ?? maybe there were circumstances beyond anyone's control. Maybe there are variables that the chances are a million to one that they could be reproduced. You are more than in unfamiliar territory here Skippy. Do yourself a favor and go back to sitting on the sideline

As I said I've been involved for 50+ years, a good friend crashed in front of me and succumbed to his injuries the next day. This ain't your territory sonny

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rschweizer

Dec-02-13 9:45 PM

ToT: 'fend for yourself' wtf? A man was paralyzed from the waste down, and the thing that pops out of your sound hole is that he should 'fend for [him]self'?

You have no idea the circumstances that were about that fateful day, including perhaps broken, missing, or deteriorated barriers that failed to stop that tire from hitting this man. You also don't know about any signage that may or may not have been present there.

At the end of the day, hopefully a jury is demanded in this suit an the facts will be weighed and argued. Evidence will be examined. Testimony will be had. Let all that come out before jumping the gun with your nonsense 'too bad, he shouldn't have been there' baloney.

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rschweizer

Dec-02-13 9:41 PM

DaveGibson, how dare you use your brain with these local yokels!

Yes, this Plaintiff has medical bills in addition to loss of future wages. Since the suit claims derivative damages, that basically means his wife can also be awarded monies by virtue of her need to stop work in order to take care of him.

Of course you can't argue with these yokels, they'll just tell you 'no way, you're wrong, he shouldn't have been there, he knew the risks' and yadda yadda yadda. As if they were even there to even make such statements.

JoeJoeJoe, his family will make no more money than he would have made as whatever he was doing before plus any pain and suffering and perhaps anything punitive. And also, your taxes will go up by mere cents per year when this is done, so don't even pretend like you know what you're talking about.

Rewards don't mean the entire municipality pays evenly for the amount of the reward. Only the premium may go up. There's all kinds of factors.

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TiredOfTax

Dec-02-13 7:28 PM

I do not know what happened here in this instance, but I am a believer in the fend for yourself plan. No one can say that they didn't know that there are dangers in areas such as at a race tracks pit area, when you go willingly into such an area you are taking a risk. Now if someone was forced to go there then whoever was behind that in my eyes should be held responsible. Lawsuits are generally people trying to take advantage of a bad situation. The liberal area of expertise. Never waste a disaster, right Dave?

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drugsrus

Dec-02-13 4:47 PM

NottaPinko, you are right in that a hot pit area is not for the uninformed. I've been there for 50+ years, but it is what I do. Death and serious injury are always a potential. The general public has no understanding of what goes on, even the die hard NAPCAR Cup fans don't have a clue as to what real racing is all about.

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drugsrus

Dec-02-13 4:38 PM

wow Dave, how do you know that the medical bills are not being paid by the track's insurance?? The pit area at any racetrack is not the safest place to be, be we all know the dangers and most respect those dangers. BUT this is the litigious society we live in today. Even though he signed a statement that he released all concerned parties from responsibility, the same release that has been signed by millions of people over the years, he still sues.

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NottaPinko

Dec-02-13 4:36 PM

IDK, but I do know this. I was involved with stock car racing for 26 yrs. & was involved at a number of tracks, not just Fonda. EVERY pit pass I ever had also said NO LIABILITY IS ASSUMED BY THE FACILITY. In other words you're there at your own risk. You gotta be swivel headed & aware for your own safety the whole time you're there. I always figured a shady lawyer could find his way around that, we'll see I guess. Working in the pits of any racetrack is dangerous & I don't think most of the people there belong there. It's no place for spectators. I've had a number of close calls myself.

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DaveGibson

Dec-02-13 4:09 PM

Mr. Buanno should sue. He has medical bills, loss of income, and future care to pay for. If Montgomery County was somehow negligent, then they too should be on the hook.

This isn't a frivolous lawsuit such as someone spilling hot coffee on his lap. This is a life threatening and life changing event. I wish Mr. Buanno well and hope he gets everything he deserves, and I hope the lawsuit's defendants have good insurance.

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JoeJoeJoe

Dec-02-13 3:31 PM

His family is going to make a lot off this lawsuit. Our taxes will be going up, for their stupidity, and then they will all move to Florida.

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Annarondac

Dec-02-13 3:18 PM

I am also very sorry for his loss, however, if there were so many defects in the pit area, why did he go there? We used to be responsible for ourselves.

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Insane

Dec-02-13 3:00 PM

Why is he suing the County, its not owned or operated by the County. Sorry you got her but why should my taxes go up to pay for your care. You went to the race track on your own, you use to race you know th dangers. How about he Mr. B takes some responcibility for his actions.

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