Porsche Carrera GT Law Suit - Our Opinion/Your Thoughts
October 23rd, 2007, Features
When we started this web site, it was our intent to stay away from politics. In this particular case however, and since everyone is entitled to their first amendment rights;
We just can’t.
A recent settlement was announced in a lawsuit stemming from the deaths of two young men during a track event at California Motor Speedway. Craig McClellan, a self-proclaimed ex-racecar driver represented the plaintiff.
http://www.sportscarmarket.com/content/carrera
The deaths of Ben Keaton and Corey Rudl are indeed sad. Both of them were young, successful and wrought with the same passion, a passion for fast and expensive sports cars. Perhaps of more importance however, is that very passion is what willingly put them on a racetrack to begin with. Please note, WILLINGLY.
If, Mr. McClellan was indeed a racecar driver, he above all others, knows exactly what these risks involve. To us, it is simply beyond comprehension that he could argue what he knows to be an inherently dangerous activity; one he participated in himself. Kettle-Black.
Most fatal automobile accidents occur at less than 40 mile per hour and within 20 miles of ones home. This makes EVERY automobile manufactured inherently dangerous. Taking a car, any car, to a racing facility is therefore even more inherently dangerous; the very reason that every driver and participant signs a waiver acknowledging same.
Racetracks are dangerous, Sky Diving is dangerous, Tobacco kills and coffee is hot.
Sad, what the smell of money does to some.
October 23rd, 2007 at 3:13 pm
[…] I’ve put a link to this article here […]
October 24th, 2007 at 10:07 am
I disagree. Of course there are obvious risks, but there are wives and children and families left behind. These people should not suffer because someone accepted the risk, and tragically will never return to them. Everyone who engages in high risk behavior or activities never thinks anything will happen to them, but unfortunately, if it does, it is their loved ones who pay the price after they are gone.
October 24th, 2007 at 2:46 pm
I disagree with the disagree.
What happens if you lost control of your car on the freeway, ram into a guard rail and kills yourself and your friend who just happens to be riding in your car? Can you sue the State of California (where I reside) for improperly engineering a freeway that I can’t spin out on? Can I sue BMW (car I drive) for improperly engineering a car that can’t defy the laws of physics? Where does the line of “gross negligence” gets drawn? In the above example, is any party REALLY negligent besides the driver and the passenger?
I’ve been doing the driving event thing for a few years now, and at a well run event like a Driving Concepts event or BMW CCA event, the risks of death at one of these events are so remote it’s probably safer than driving on the street. Yes, there are wifes and children “left behind,” but that was a risk the driver chose to take, and he’s probably got life insurance to make sure his wife and kids are well taken care of (I mean, c’mon, it’s not exactly like this guy was driving a beater on the track. It’s a CGT fer god’s sake…A half a million dollar car).
Do we sue gun manufacturers for gross negligence for making guns that the Va. Tech shooter was able to obtain so easily (maybe we shoud)? Should the Earnhardt family sue the track he died on and NASCAR? Where does personal responsibility start and end with these cases?
October 24th, 2007 at 5:17 pm
Mr. Wu hit the proverbial nail right on it’s head.
Knowing about Corey Rudle and his business endeavors, I am certain he
made sure that his family was adequately taken care of.
Does Mr. McClellan want to get a medal from Mrs. Rudle or????
October 26th, 2007 at 9:56 am
I didn’t like the incident, lawsuit or the settlement. Anyway you look at it, this was way out of the norm. My take is this was a case of Mr. VIP Supercar Syndrome: It’s where we see people buy exotic cars and they think the ‘driving talent’ was included. This doesn’t excuse the track, event organizer or anyone else… but it is where it started and unfortunately, ended.
I thought the settlement is surprisingly small considering the wealth of the drivers killed in the incident. My take is this was an ‘insurance’ settlement. I understand that the ‘families’ had significant nine figure estates, probably enough to buy California Speedway. So the settlement figure could simply be a strategy that was a cheaper way to end the litigation.
This isn’t the usual scenario: Most of us don’t have a spare $5 or $10 million to launch our lawyers into action. With limited resources, settlements (and the years of appeals that follow these) are generally geared to how much coverage was in place. Legal glory has its price: suits are launched based on the available payout: there’s no lawyer worth his (or her) salt who fights for a penny more than what’s available.
On the upside: the insurance did pay the Track Owner and Event Organizers ‘share’, the involved ‘Ferrari’ party and the manufacturer. Frankly, I don’t think the settlement will start a ‘trend’: it’s a pretty rarefied environment e.g. $500K supercars and is not big enough to get serious insurance notice. Knock this down to a bunch of Miata spec cars killing one another at tracks every weekend, then I think there would be a problem that would affect the weekend sports racer.
October 30th, 2007 at 12:35 pm
Well, I guess if a man lives long enough he sees everything.
Let’s face it race fans, this stuff is dangerous. Ironically, and subconsciously, it is part of what we love and everything we hate about this sport.
Let’s not waste time on the waiver issue…It is for protection but you can’t sign anything that waives your right to reasonable safety for the condition/event you are at, period. That being said, you can assume all the responsibility in the world without even knowing it.
The fact that the families are left behind is irrelevant; tragic, but irrelevant. They did nothing to stop their loved one from buying a basically street legal race car, nor did they chain themselves to the car when their loved one was preparing to go to the race track that day. Why are they not also held accountable? They did not buy elite super cars to show them off in their garage or to drive the speed limit around town.
They also went to the dealerships and bought cars that were WAY out of their talent range just because they could. They probably waited and bitched like hell to get the color they wanted instead of demanding that the car has some sort of stability control or vehicle dynamic correction system.
These obviously successful and intelligent individuals were signed up for an event where they knew they would take these cars to speeds at which, and conditions that might lend to, the ultimate of injuries. They also knew the other people were signed up to be on the same track, under the same conditions, at the same speeds and on the same exact date/time. That’s why they wore helmets and saw no blue and red lights behind them. There was clearly inherent danger and they knew it.
Now did they look at the map of the track or walk the track and object to the track entrance point before they went out on track? Did they see the track entrance and choose not to enter it because of they felt it was unsafe? Did they express any concerns to the organizers or the facility about the track entrance that fell on deaf ears? I wish I knew the answers, but I bet I can guess what they would say.
I find sad that this happened, but more deplorable that a lawsuit such as this was even introduced. However, in a society taught to say “it’s not my fault,” it is unavoidable. I really don’t care for those who do not accept responsibility for their own actions and make wise decisions for themselves while pointing the finger at someone else to merely be able to shirk responsibility. Own up to what you do and apologize for what you do wrong. Accept your responsibility and take your medicine. I remind those who blame others of one thing, when you point the finger of blame at someone or something else, remember that there are at least 3 others pointing right back at you. (Go ahead, admit it. After reading that you tried it and it’s true)