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Steve must have wanted us all cranked up to get the post past 26 for Jason

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2002 MCS, 2003 MCS Track Rat, 2003 Generic White Yukon, 2003 BMWk1200rs, 1973 CB350F, 02 996. 08 Cayenne Turbo
http://www.clinehallagency.com

well Bernie, there might be just a tinge of sarcasm involved here.

Holy crap, I'm going back to that Porsche board!!!!! YIKES!

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Jason Panciera
1999 Porsche 996
1974 Porsche 914 SM2 0 Gone but not forgotten

but Cline those vipers going airbourne, were they noobies behind the wheel?

be sure to tell them the corvette guys are giving you a hard time. that ought to stir them up some.

What's the difference between a Porsche and a Porcupine?

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One of those LeMonHeads...
91/95 Miata, 02 Focus SVT, 01 Ford F250, 09 Suzuki SV650SF
rusty 84 C4 Vette, tiny piece of the General Lei
Irish Sport Horse - 1hp NA!

placement?

Neither was a track noob. Although it doesn't state how many events/years of experience either driver had.
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THE REAL STORY

There were many versions of the story broadcast on the Internet, all at least partially true. According to McClellan, here’s what really happened.

Keaton had told several people that he had been having handling problems with the Carrera GT. Apparently, it was tail-happy. He decided to take it to the Ferrari Owners Club track day and see if he could work things out. Rudl had taken his Lamborghini to the track day, but it suffered from overheating. He was telling friends that he should sell it and get something else. Keaton, who did not know Rudl, suggested a Carrera GT and offered to give him a ride and show him what the Porsche was like.

As the Porsche was completing a lap, the flagman sent a Ferrari onto the front straight. The driver hesitated, then started late and slow. The flagman saw the Porsche come onto the straight and tried to stop the Ferrari, but it was passing him by then, and neither the driver nor passenger noticed his waving arms or heard his shouts.

The Ferrari continued onto the straight at a relatively slow speed, just as the Carrera GT caught it. Keaton swerved to avoid contact, the Porsche’s rear came around, and it skidded into a concrete barrier wall. The wall had been placed closer to the track than its original position in order to enlarge the area behind it for use as a children’s play area during an earlier NASCAR race. The end result was the fatal crash.

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http://www.greywinds.com

This is how I remember it being told as well. - AB

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'14 Toyota Sequoia Platinum 4WD
Super Westerfield Bros - '93 Integra - LeChump Du Jour
STX 93 - Scion FR-S

Thats effectively an abbreviated version of the link Jason posted. However the narrator was the plaintifs attorney. So anything he says is most likely slanted towards his client.

The cut and paste is from the story that happened 6 weeks prior to the one in the link posted here and in the Lounge. It is the explanation of what happened and who is being sued. As you say though it is slanted by the attorney's view of the case.

Here is the link to the previous story:

http://www.sportscarmarket.com/articles/archives/915

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http://www.greywinds.com

The problem is that individuals can not sign away accidents caused by negligence to different degrees. It goes back to the "reasonable" person in that line of business. The question is what is reasonable.

I think we are all in agreement that whether the Porsche had PASM or oversteered is (should be) irrelevent to this case. To me the issue would be should the track have reasonably known that there was insufficient run-off room for safety and have done something to alleviate it. By not doing so were they negligent (grossly) and therefore liable for the consequences. Was the Ferrari club liable because they should have enforced the pit out rules and been more aware of the dangerous speed differentials. Should they have changed their groups to avoid these collisions?

Finally, how much of this is an assumption of risk on the part of the participants? Because we jump on a track and drive as fast as we can do we expect to assume all risk? Have we ever been to events where we question the safety of the people running the event? Lets say that the event organizers allow novices and advanced racers to run in the same group with passing everywhere and one of the racer boys runs over a novice at his first event. Did novice assume all risk. He probably read the website that talked about trained instructors and safety first blah blah blah.

In my mind there is a dividing line, that there are basic safety rules are adhered to. I think for these type of events it is at a higher bar. We know that Motorsports is dangerous. It says so on the tag on my helmet so it must be true. I can expect parts to fail, I can expect to hit immovable objects sometime potentially. I have accepted that risk, but I don't think that it is unconditional. I'll admit that given the choice I would probably agree to make it unconditional if the alternative is that costs increase to a point where I can't afford it. I know the risks and if I see something unsafe, I think i am smart enough to pull off and either get it corrected or leave.

As for the money, if you think about how it was probably derived using the deceased's income potential it is probably in line given that they are driving 1/4 of a million dollar cars. (Not that I agree with the amount, just the math)


And also, if we limit lawsuits think of all the lawyers that would be out of work and the burden that society would face. Without access to the unlimited pots of gold with which to build their wealth they would be reduced to chasing ambulances, having to defend clients with real claims that would require work and effort, or panhandling.

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1990 Faded Reddish CSP Lite Miata
2002 Electron Blue Corvette Z06
2005 Mazda 6 Wagon
2003 Nissan Pathfinder DTV (Dog Transport Vehicle)

I think I will stay on the Porsche forum nobody is posting ....... like this there.

Should I ask you what FORD mean?

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Patrice
1973 911 former track and AX car.
2016 VW GTI
2002 Nissan Sentra (Olivier car)
2012 Nissan Juke (Kathy car)
2010 Suzuki Kizashi (Audrey car)

Just kidding!!! And certainly not applied to anyone here. Just joking in response to the 'machismo' ribbing about the PCA events. I spent time at the last Rockingham lifting in the infield to stay off the back of a 911 (that would then rocket off in the main straight) and was sent the joke in another forum.

Seriously, no disrespect intended. Hopefully I won't be Found On Road Dead

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One of those LeMonHeads...
91/95 Miata, 02 Focus SVT, 01 Ford F250, 09 Suzuki SV650SF
rusty 84 C4 Vette, tiny piece of the General Lei
Irish Sport Horse - 1hp NA!

c'mon Patrice, you have a real Porsche. not one of those water cooled sissy cars we all complain about.