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Old 10-24-2007, 01:44 AM
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Unhappy Settlement in fatal crash at Ferrari event

I am posting this link to Bimmer forums regarding fatal crash at a Ferrari Club event last year. Certainly eye opening, especially for us that instruct and give rides to students. What is our liability if something unthinkable similar to this were to happen??Cal Speedway fatality case settled: $4.5e6 award - Bimmerforums - The Ultimate BMW Forum
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Old 10-24-2007, 02:38 AM
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I am posting this link to Bimmer forums regarding fatal crash at a Ferrari Club event last year. Certainly eye opening, especially for us that instruct and give rides to students. What is our liability if something unthinkable similar to this were to happen??Cal Speedway fatality case settled: $4.5e6 award - Bimmerforums - The Ultimate BMW Forum
Tom
That thing about the wall being moved...wow...that was not safe.
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Old 10-24-2007, 02:47 AM
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Originally Posted by DaveN007 View Post
That thing about the wall being moved...wow...that was not safe.
I think it was silly to claim the lack of psm was a design flaw.
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Last edited by Yellowdragon; 10-24-2007 at 05:43 AM.
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Old 10-24-2007, 05:03 AM
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I think it was silly to claim the lack of pasm was a design flaw.

Lack of PSM...not PASM. I agree. But as the guy in the article states, the average person on a jury who drives an SUV sees a Carrera GT as a dangerous toy for the irresponsible rich. Don't underestimate the power of envy and spite.

If you look at how the wall was moved and how it created a hard stop...now that is ridiculous. People die when they hit solid objects and decelerate quickly.
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Last edited by DaveN007; 10-24-2007 at 05:06 AM.
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Old 10-24-2007, 05:44 AM
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Originally Posted by DaveN007 View Post
If you look at how the wall was moved and how it created a hard stop...now that is ridiculous. People die when they hit solid objects and decelerate quickly.


Must be a design flaw with the wall manufacturer. Surprised they didn't sue them too.



P.S. I could make a convincing argument on this point if I had to.
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Old 10-24-2007, 09:56 AM
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PSM Off?

It is chilling to think that a track day could end like that...........

We who run our cars on track days with the PSM turned off, must also think about the adverse possibilities, and the view the courts would take of our 'reckless and willful negligence' in turning a safety feature off............
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Old 10-24-2007, 01:15 PM
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One thing to remember is that this was a settlement and not a judgment. It is not unusual for large companies (read that as "deep pockets") to settle a case rather that risk a potentially larger jury verdict, additional legal fees and bad publicity. Porsche paid out $360000 for its part and it probably would have spent more on legal fees to try the case. As the most profitable auto company in the world this was nothing.

The picture of the wall jutting out like that so close to a straight just screams bad accident waiting to occur.
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Old 10-24-2007, 01:34 PM
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The plaintiff (the passenger) was right and had a very good case in almost all aspects. You'll notice the driver of the wrecked car was assigned the bulk of the responsibility, and major mistakes were committed by the track owners and event organizers. The only weak part was the psm, but that was a small part of it.

How others could be 'critical' of this lawsuit is just a brainless knee-jerk reaction against lawyers. The lovely insurance industry is busy playing on that response to get us to legislate away our rights in every state...beware of 'tort reform'.
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Last edited by wpmjr; 10-24-2007 at 01:40 PM.
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Old 10-24-2007, 02:01 PM
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Originally Posted by wpmjr View Post
The plaintiff (the passenger) was right and had a very good case in almost all aspects. You'll notice the driver of the wrecked car was assigned the bulk of the responsibility, and major mistakes were committed by the track owners and event organizers. The only weak part was the psm, but that was a small part of it.

How others could be 'critical' of this lawsuit is just a brainless knee-jerk reaction against lawyer