Dixie Motor Speedway Car spins out in a puff of dust

DIXIE MOTOR SPEEDWAY 7/17/2010
See Picture at
http://dumpmyspousestockcar.blogspot.com/

Flint Divorce attorney gets picture of Dixie Motor Speedway spin out.

How many other drivers dreams are going up in a puff of dust because NASCAR has told the drivers to have at it? Mabey none. Fans want the excitement and the drivers want to deliver. Where is the line?

Assumption of the Risk. When it comes to legal liability for injuries to spectators, courts have been reluctant to hold stadium owners and sports teams responsible for injuries that were a reasonably foreseeable result of the sport itself. This includes foul balls (even bats) flying into the crowd at a baseball game, and hockey pucks that sail over the rink's safety glass and into the stands. And it likely would extend to any injuries suffered by spectators at Talladega on Sunday. [8]

In fact, the track at Talladega is notorious for being one of the more dangerous of the 22 tracks in the NASCAR series, according to the Associated Press: "Horsepower-sapping restrictor plates are used at Daytona and Talladega -- NASCAR's two fastest -- to combat the high speeds. . . As a result, the cars all run the same speed, and the field is typically bunched tightly together. One wrong move by a driver can cause a massive accident."[8]


ARE THE TRACK OWNERS LIABLE?

Exploration of certain state tort immunity statutes is quite interesting and relevant. These

laws protect stadium owners from liability except for gross, willful, wanton or reckless acts
(as opposed to ordinary negligence).[5]

In 2001, NASCAR driver Dale Earnhardt, died in a crash at Daytona International Speedway.52 In 2006, Rookie Indy Car driver Paul Dana died after a two-car crash at Homestead-Miami Speedway, the same track where John Nemechek died

1997.5352 Frank Pellegrini, Dale Earnhardt-Why We Chose Him, TIME.COM, Feb. 23, 2001, http://www.time.com/time/pow/article/0,8599,100437,00.html.

53 ESPN.com, IRL Rookie Dana Dies From Injuries Sustained in Crash, Mar. 27, 2006, http://sports.espn.go.com/rpm/news/story?seriesId=1&id=2384873; see John Donovan, Hitting Too Close to Home, CNNSI.COM, May 13, 2000,

http://sportsillustrated.cnn.com/motorsports/news/2000/05/12/nemechek.
[5]


Edwards managed to survive the Talladega crash. His car flipped at over 15 feet into the crowd’s protective fence, and neither he, nor anyone in the crowd, sustained any serious injuries. The track’s medical director, Dr. Bobby Lewis, calls the crowd’s injuries minor saying that they were “mostly bumps, bruises, contusions and possible fractures.”

The collision involved Brad Keselowski and Dale Earnhardt Jr. The incident fired up with the finish line in sight with Edward’s in the lead when he and Keselowski sped past Ryan Newman and Earnhardt. When Edwards attempted to block Keselowski’s move ahead, the move sent his car flipping over Newman’s hood and into the protective fence. Keselowski managed to pull through Edward’s crash and sped on to win the race.

When Edward’s car’s stopped flipping, he jumped out his window and ran across the finish line. [1]



[1] 04/27/2009

http://www.collegenews.com/index.php?/article/seven_fans_are_injured_from_airborne_nascar_crash_042938282828282832/



[5]

http://nbcsports.msnbc.com/id/30486233/


[8]

http://blogs.findlaw.com/injured/2009/04/nascar-fans-injured-at-talladega-spectator-safety-and-the-law.html

Child support, child custody, alimony, grandparent, divorce questions? Consider contacting Flint Divorce attorney Terry Bankert 810-235-1970,
http://attorneybankert.com/




DMS STOCK CAR RACING 07/23/2010*********
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Over the last several years, the 33-year-old has worked his way up through the racing ranks and he is currently in first place in the bombers at Dixie Motor Speedway in Birch Run. "We're having a great year at Dixie," Cam Hiltz said.
http://www.mlive.com/sports/flint/index.ssf/2010/07/otisvilles_cam_hiltz_is_in_the.html

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NASCAR responded this year with several changes. It encouraged drivers to stay aggressive with a "boys, have at it" policy, introduced double-file restarts that packed the leaders up front on restarts and removed lapped cars, extended overtime finishes, standardized most start times and swapped the cars' rear wings with more traditional spoilers.
http://articles.latimes.com/2010/jul/22/sports/la-sp-nascar-brickyard-20100723
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In a NASCARseason littered with crumpled cars, temper tantrums and aggressiveness sometimes bordering on recklessness, Sprint Cup points leader Kevin Harvick said he begins each race making one broad assumption.*…it is legislated mayhem. NASCAR instituted rules changes designed to inject more excitement into the sport, especially late in the races, and then before this season gave the drivers virtual free rein to have at it…..

Listening to the fans

Prompted by lagging attendance and TV ratings, NASCAR in the past year has responded to fan complaints by altering the way it restarts and finishes races. Both have supplied much-needed drama but at the same time have contributed to the carnage.

In June 2009, double-file restarts were instituted. Instead of the lead-lap cars lining up nose-to-tail in the outside lane with lapped cars to the inside, the leaders are lined up side by side at the front. Predictably, especially late in a race, the restarts become a free-for-all.

http://www.indystar.com/article/20100723/SPORTS0109/7230307/1052/SPORTS01/Tempers-flare-after-NASCAR-s-have-at-it-decree
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“The line between intentional and unintentional when it comes to wrecking others is actually wider than what you might think. “

http://www.mstrc.com/index.php?showtopic=33742&pid=201799&st=0&#entry201799
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Juan Pablo Montoya was pretty sure he was innocent at Indianapolis Motor Speedway last year.
http://www.freep.com/article/20100723/SPORTS16/7230308/1365/Sports/Juan-Pablo-Montoya-feels-good-at-Indy-but-can-he-win-there
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A victory in Sunday's Brickyard 400 would make him the first to win in an Indy car and a stock car at Indy.
http://www.usatoday.com/sports/motor/nascar/2010-07-22-unawed-juan-pablo-montoya-seeks-historic-win-at-indy_N.htm
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DIXIE MOTOR SPEEDWAY

Friday, July 23rd
Eastern Michigan Food Bank
Night / College
Grocery Kart Races

HUGE 6 in 1 Show
Pro Late Models, Modifieds,
Pro Stocks, Street Stocks,
Bombers, and Figure 8s

Pit Gates Open: 2:00p.m.
Practice Begins: 3:00p.m.
Grandstands Open: 5:00p.m.
Qualifying: 5:15p.m.
Racing Starts: 7:30p.m.

Adults (18-59): $12.00
Seniors (60 and Over): $10.00
Teens (13-17): $8.00
Children (6-12): $5.00
Kids (5 and Under): FREE
Pit Passes: $25.00
http://www.dixiemotorspeedway.com/component/content/frontpage

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AUTO CITY SPEEDWAY
July 24 Coca-Cola Night-

July 31- Spaulding Insurance Night-Skirt Night

August 1- Maximum Destruction "Sunday" presented by Suski Chevrolet Buick of Birch Run

August 7-Greg Yost Topless mod tribute race

http://www.autocityspeedway.com/

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