Saturday, March 02, 2013

Lawyer: Injured NASCAR Fans Might Have a Case

A Florida personal-injury legal expert said Friday that potential litigants in a terrifying NASCAR crash that injured 28 fans at Daytona International Speedway last weekend might stand on firm legal ground regardless of a risk disclaimer printed on race tickets.

One of those injured fans, Whitney Turner, 33, is a prime case as a potential litigant. Friday, Turner remained at home in Tell City, Ind., recuperating in a wheelchair, suffering from a shattered right fibula and a severed Achilles tendon, according to attorney Matt Morgan.

Fred Levin, who has litigated personal-injury cases for more than 50 years, told USA TODAY Sports that a financial settlement probably is in the best interests of NASCAR and its sister companies.

"I don't think they want a court (possibly) saying, 'NASCAR, you screwed up,' '' says Levin, for whom the University of Florida's Levin College of Law is named. "The bottom line is this: Even though the contract says you assume the risk, the (injured fans) may have a valid claim. Daytona probably would want to get this thing over with and settled out of court.'' (USA Today)