Tough legal case.......

Moroso is a local track, recently remodeled and called the Palm Beach Raceway. Group that bought it is well funded and has definitely upgraded the facility. It has a road course, drag strip and go cart track. Kid (age 9) goes there with his own cart and has an accident. Cart rolled, kid badly burned- lost all ten fingers. Now family is suing the track.......

Kid is hurt/ changed for life but HIS DAD BROUGHT HIM THERE TO DRIVE HIS OWN CART!

Here is the article:

Pompano boy severely burned, lost all 10 fingers in go-kart crash at Palm Beach International Raceway; suit seeks damages

By Brian Haas

Sunsentinel.com

Tuesday, October 06, 2009

JUPITER -- — The family of a 9-year-old Pompano Beach boy critically injured in a go-kart accident has filed a negligence lawsuit against the Palm Beach International Raceway and the manufacturers of the go-kart.

The suit, filed in Palm Beach County Circuit Court, stems from a May accident in which a go-kart crashed, flipped and then caught fire. The boy, Devin Olmstead, became trapped and was critically injured with severe burns. Devin survived, but not without losing all 10 fingers and suffering burns from his chin to his torso, the lawsuit says.

Named as defendants in the case are the race track, its investors, and the companies that made the go-kart and its engine, Carter Brothers and Briggs & Stratton, respectively. The suit seeks unspecified damages, but Robert Zimmerman, who represents the Olmsteads, said a judgment could be substantial.

"It's going to be in the eight figures," Zimmerman said. "It would be based on his past pain and suffering, which is incredible, given that his fingers were burned from his hands. You just can't imagine the pain this child went through."

The law firm representing the Palm Beach International Raceway, Hoffman & Morris, declined to comment when reached Monday. Carter Brothers, Briggs & Stratton and their respective attorneys could not be reached to comment, despite attempts by phone.

On May 25, Devin and his father, Donald Olmstead, went to the raceway west of Jupiter with a go-kart they owned. The lawsuit said Devin hit uneven pavement while racing, causing his go-kart to flip and burst into flames. Zimmerman said it was a bystander, not race track staff members, who pulled Devin from the wreckage.

The lawsuit accuses the raceway of having poorly maintained surfaces, no adult supervision that day, no fire extinguishers and no phones nearby for emergencies. It accuses Carter Brothers and Briggs & Stratton of designing a go-kart that dangerously leaks fuel when inverted.

The U.S. Consumer Product Safety Commission has an ongoing investigation into the go-kart's design.

On Sunday, a motorcycle rider was critically injured during a professional event at the raceway when his bike smashed into a wall. The Palm Beach County Sheriff's Office identified him as Isidro Castillo, 32, of Miami. He remained in critical condition Monday at St. Mary's Medical Center, hospital officials said.

Zimmerman said the Olmstead family isn't ready to speak publicly about the ordeal. Devin has been remarkably resilient and upbeat since he was injured, he said.

"He's doing the best he can," Zimmerman said. "But you just can't imagine the pain this child went through. ... His whole life is changed."
 
Despite all due sympathies to this poor kid, this has frivolous written all over it. I hardly see how any responsibility can fall on anyone but the kid and his parents.
 
Despite all due sympathies to this poor kid, this has frivolous written all over it. I hardly see how any responsibility can fall on anyone but the kid and his parents.


From the original TV coverage when it happened I got the feeling the parents believed this kid was going to be the next Earnhardt Jr and they were going to be rich! Unfortunately the poor decision to "build" a racer from a young age is going to wreck their lives, marriage and most importantly the kids life has been forever changed. The court case is going to bring out the ugly facts/allegations on both sides and I hope the kid isn't further traumatized as a result win or lose.
 
This is America. Everything is someone else's fault.

Law school should be like that popular bar in town. The one where you have to wait for someone to leave before they let anyone else in. If they only admitted as many students as equal to how many bar members died in the previous year, we'd have fewer problems. The business is so over-saturated that they have to do this stuff to eat.

This will inevitably be settled for cost-of-litigation. The family will get a nice but much smaller check, of which the attorney will take between 33 and 40% of for some initial posturing and a couple years of trading letters. Not bad for him. Meanwhile, another sporting venue will move a little closer to not being able to afford their insurance and every kid that races go-karts moves a little closer to not being able to afford their hobby.
 
Definitely sorry to hear that this child has had his entire life changed. I can't imagine losing one finger let alone all of them, it truly is a tragedy.

That being said, he and his father are the ones that decided to buy the go-cart, take the go-cart to a track and race/drive the go-cart. It would seem that if they took their own cart, they would A) Have needed to sign a release form B) If there was no supervision there, then they probably shouldn't have been out there driving the thing around in the first place. I can't believe the way this track sounds that anybody could just show up and drive around without signing a release form. I used to take my crotch rocket to the local drag strip and you always had to sign a release form to get on the track.
 
Definitely sorry to hear that this child has had his entire life changed. I can't imagine losing one finger let alone all of them, it truly is a tragedy.

That being said, he and his father are the ones that decided to buy the go-cart, take the go-cart to a track and race/drive the go-cart. It would seem that if they took their own cart, they would A) Have needed to sign a release form B) If there was no supervision there, then they probably shouldn't have been out there driving the thing around in the first place. I can't believe the way this track sounds that anybody could just show up and drive around without signing a release form. I used to take my crotch rocket to the local drag strip and you always had to sign a release form to get on the track.

You have to sign a release just to be a spectator at this place. According to story the corner workers were in place but a spectator happened to be closer to the kid, faster response. Most corner workers are just eyes/ears for the course with radios not EMT's. Definitely a lawyer slanting the story his way.....
 
The release is probably worthless. Most of the time a judge or jury will split the award based on percentage of responsibility. If there was a defect or a problem with the track, it could shift some greater percentage onto the track instead of the parents. Rule #1 in a law suit, sue everybody, someone will pay.
 
Despite all due sympathies to this poor kid, this has frivolous written all over it. I hardly see how any responsibility can fall on anyone but the kid and his parents.

but the attorneys will not let that B!! U know that!! Responsibility in this contry is out the door !! Always blaim on somebody else just as soon as U can!!:beatdeadhorse5:
 
I think somebody needs to represent the kid and sue his father..

1. is go kart racing or motor-sports in general an inherently dangerous activity?
Yes.
2. Knowing this you still provided your child with a racing vehicle capable of exceeding a speed he could safely control?
Yes
3. You then took your child to a racing facility to race against other young unskilled children driving vehicles faster than there skill level?
4. Did you child have any professional instruction in the operation of said racing vehicle?
No

Judge: I hereby find you guilty of willfull and reckless child endangerment. Regardless of the safety or lack thereof of any vehicle be it bicycle of go kart, the child's safety is the parents paramount responsibility, Irregardless of the safety or danger of said vehicle, you sir willfully and knowing the possible consequences made the premeditated decision to place your child in harms way. You are at fault and liable, not the go cart track, not the go-cart mfg or th engine company. At any time you could have said no. you did not, your child is permanently injured and the weight of injuries reside with you and you alone.
 
The course should sue the Dad and Mom. But, boatme Marc knows all about frivelous law suits that end up being won by the suer. The big problem, and I like to blame them for everything:sifone:, our politicians are mostly layers, our judges are almost exclusively lawyers, so frivelous lawsuits will forever be filed and won.....
 
My neighbor races a shifter Kart on that track at much higher speeds than this kid was going, and never had a problem with the track surface:confused:
 
Im shocked that the track paving contractor hasnt been located and named in the suit.
 
Im shocked that the track paving contractor hasnt been located and named in the suit.

Ironically he is suing the track for unpaid invoices....as well as about 10 other subs. The owner of the track likes to hire everyone then not pay the last installment due. Another article outlined that several businesses, some over 20 years old could fold if they don't get paid on their liens. The tactic has worked for this guy for as long as he has been in business. The subs fold under pressure and negotiate their final checks but in this slow time that final check allows them to keep the doors open.

Owner of the track is also a large marina operator, Loggerhead Marina. http://www.loggerheadclubandmarina.com/
 
Wow - you guys are bizarre - they are saying the track wasn't kept up and there weren't enough fire extinguishers. Possibly, if the track was so bad that all the racers should know it was rough, then that isn't an issue. If this is a smoothe track and a problem developed, and it wasn't addressed in some way (such as marking it or putting up signs) then I would say they did something wrong. Fire extinguishers??? Hell yeah, a track should have LOTS of them in good working order. :ack2:

Most states have comparative fault, so that the track's fault will be apportioned along with that of the MFGR (if any) and the parents. The "never make anyone pay anything" attitude of this board is shocking sometimes! :willy_nilly:

But we should limit the number of lawyers. That way the rest of us can make more $$$.:sifone:
 
The "never make anyone pay anything" attitude of this board is shocking sometimes! :willy_nilly:

If you are not more than 50% at fault, a lawsuit should not be allowed. Or, a lawsuit should be allowed with no exceptions, none....

So, if a parole board lets a convicted rapist out of jail, and he recommits, the parole board should be able to be sued. Same for a judge who makes a short sentence, or a prison board or doctor who lets someone out for good behavior.

But, all of these people are mostly attorneys, or bring attorneys money. Therefore, they are exempt.

And the biggest, if an attorney gets a murderer off, and he kills again, the attorney should definitely be held liable. How could he possibly not be more than 50% at fault?????

So, all or none, not just some of the time in cases that favor attorneys......
 
. The "never make anyone pay anything" attitude of this board is shocking sometimes! :willy_nilly:

But we should limit the number of lawyers. That way the rest of us can make more $$$.:sifone:
I used to hear something every riders meeting.. "racing is an inheritantly dangerous sport, you could be seriously injured crippled or killed, be safe. If you feel the risks are too great, I will gladly refund your entry" If you stuffed a raceboat, would you sue mother nature because a big wave caught you by suprise???????????
 
Back
Top