News

Tony Stewart hits and kills fellow racer

Discussion in 'Other Racing' started by toil, Aug 10, 2014.

  1. Fast_ian

    Fast_ian Two Time F1 World Champ

    Sep 25, 2006
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    Ian Anderson
    Nice!

    "When we thought you might have a decent chance of screwing Tony, we'd do it on (an absurd % of) contingency. Now it's looking a little dodgy we'll take an hourly rate!"

    No wonder (this sector of) the legal profession is generally considered a little below used car salesmen in terms of integrity. :(

    Ian
     
  2. Jack-the-lad

    Jack-the-lad Three Time F1 World Champ
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    When plaintiffs' counsel explains to his clients the extent to which Stewart's (or his insurer's) attorneys will pick through Ward's background, drug use, finances, anger issues, school problems, personal relationships, etc., etc., etc., the family may well decide that the process is not worth the (probably) modest damages that might be awarded.
     
  3. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    Contingent agreements are a vote of confidence by the attorney in the likelihood of prevailing. But, the truth is you still have to pay your lawyer. One way or the other.

    Clients consult. Lawyers give options and opinions. Clients make decisions on those options and opinions. There is no requirement that the client has to go forward under a new agreement, if they don't wish to.

    There's nothing unethical going on. This is all permitted by the Canon of Ethics.

    CW
     
  4. CornersWell

    CornersWell F1 Rookie

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    Entirely possible.

    CW
     
  5. RP

    RP F1 World Champ

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    The complete GJ report stated that after watching two enhanced videos, the second being from the track, Stewart did not swerve towards the boy. He did not have time to react.

    Additionally, the GJ stated that Ward ran down onto a "hot track".

    That and sufficient marijuana to impair judgment, the boy's family is just going to have to get a dose of reality at some point.
     
  6. Fast_ian

    Fast_ian Two Time F1 World Champ

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    Ian Anderson
    I understand what you're getting at. But, eg, eggs aren't sold with a health warning that eating a hundred at once may be harmful.

    I can buy a ton of 'cold medications' or whatever, over the counter in Walgreens that if abused to such a degree will make me very sick.

    I don't know about CO, but the cookies/oil etc sold here in CA very much have a 'recommended dose' on their packaging. Sure, it's not 'FDA approved', but neither are they funded by big pharma.

    Whatever happened to 'common sense' and 'personal responsibility'?

    Ian
     
  7. Fast_ian

    Fast_ian Two Time F1 World Champ

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    I just read back thru this whole mess again, and noticed;

    Of course it's not 'completely benign'. Nor are coffee, or eggs & bacon.

    But are you claiming alcohol is less 'harmful' than pot?
     
  8. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
    4,565
    IMO, you have to look at the jury awards.

    Recall the McDonald's coffee civil case? After going through the drive-through, a woman puts a scaldingly hot cup of coffee in her lap. She gets into an accident and burns her privates. McDonald's is held liable (at least partially) by the jury for over-heating the coffee. IIRC, it was a $1MM+ award.

    If juries are going to look to the deep pockets, you will continue to get an erosion of personal responsibility.

    But, it takes two...a client and an attorney...to bring a case.

    CW
     
  9. VIZSLA

    VIZSLA Four Time F1 World Champ
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    I'm not suggesting that they do but if brought to civil court a counter suit is a distinct possibility.
     
  10. CornersWell

    CornersWell F1 Rookie

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    I'm not, but some are. In fact, POTUS even has.

    CW
     
  11. VIZSLA

    VIZSLA Four Time F1 World Champ
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    There's always some attorney that will roll the dice if the potential payoff is large enough.
    It seems that all our local TV outlets would go bankrupt if it weren't for personal injury attorneys.
     
  12. NeuroBeaker

    NeuroBeaker Moderator
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    Oct 1, 2008
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    I would argue that's true from a neuroscience perspective.

    It's difficult to say overall (systemically) though because pot is illegal and alcohol isn't, so the latter is much more openly heavily abused and the former has underreported consumption. One could look at data from the Netherlands, I guess, but I don't currently have access to that.

    All the best,
    Andrew.
     
  13. CornersWell

    CornersWell F1 Rookie

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    Probably not.

    So far, all that has happened has been a criminal investigation and a determination by the grand jury not to indict on criminal charges.

    The civil case will either survive summary judgment or it won't. If it does, the judge believes there's enough to go forward. If he/she doesn't, it ends there.

    TS could make an argument that the incident, which was certainly to some large extent caused by Ward, has, as a result, caused TS' sponsors to pull back. This may have an economic impact on TS and his interests. It could also be argued though that TS, like all races, assumes a certain amount of risk something like this when he became a professional driver.

    Anyway, I see that as being very remote, even if theoretically possible.

    CW
     
  14. VIZSLA

    VIZSLA Four Time F1 World Champ
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    You are most likely correct but I wouldn't bet against it.
     
  15. CornersWell

    CornersWell F1 Rookie

    Nov 24, 2004
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    True enough. And, for many years now, there has been a movement that plaintiff's attorneys need to be reined in via tort reform. These ridiculous awards only end up trickling down to the consumer (as the awards are passed-through).

    Is it right that a plaintiff's attorney can make a KILLING and end up being a majority owner of a professional sports team? Asbestos. Cigarettes. Med Mal. Toxic Tort. And on and on...

    On the other side, however, is the notion that everyone (and not just those rich enough to retain counsel) ought to have access to the justice system as a plaintiff when wronged.

    CW
     
  16. VIZSLA

    VIZSLA Four Time F1 World Champ
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    "The law, like the Hotel Ritz, is open to both the rich and the poor."

    ;)
     
  17. CornersWell

    CornersWell F1 Rookie

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    I'll bet that TS will be VERY glad just to have this all behind him.

    CW
     
  18. dakharris

    dakharris Two Time F1 World Champ

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    The only time a case actually goes to trial anymore is when one party absolutely 100% believes it will win. I don't think that will be true in this case. A jury trial is a crap shoot. Plaintiff's counsel will not invest the massive dollars necessary to go to trial on a crap shoot. TS does not want to risk million$ on a crap shoot. If this goes anywhere beyond a few letters and a settlement offer, it goes to arbitration. I see a small "go away" settlement from TS so that his time isn't wasted any more than it already has been.
     
  19. VIZSLA

    VIZSLA Four Time F1 World Champ
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    I suspect that it will never be entirely behind him.
    But the ruling must be a big relief.
     
  20. CornersWell

    CornersWell F1 Rookie

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    I don't disagree, but I can only say that there is never 100% certainty. Highest level of confidence competent counsel would likely ever give is ~80%. There is always some level of risk. Juries can do funny things for strange reasons. We've all heard of those instances.

    CW
     
  21. CornersWell

    CornersWell F1 Rookie

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    I don't think he ever was in serious jeopardy for a criminal conviction, but that issue is now off the table unless new evidence is unearthed, which I think is unlikely. I'd think he's a happier guy at the moment.

    CW
     
  22. tervuren

    tervuren Formula 3

    Apr 30, 2006
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    #722 tervuren, Sep 25, 2014
    Last edited: Sep 25, 2014
    Your post is a little confusing, so I'd like to point out some things.

    A. This didn't happen in NASCAR

    B.*1 NASCAR already has rules about drugs and driving

    B. *2 NASCAR has already suspended multiple drivers and crew over failed drug tests.

    C. *1 NASCAR has had rules already about getting out of the car and driver conduct. Rather than a blanket rule, its been a case by case if safety of track personal was judged to be endangered.

    C *2They've hit some drivers pretty hard for this in the past already, Busch and Harvick at Darlington a few years ago come to mind.

    C *3 NASCAR has changed from a case by case on exiting the vehichle, to a blanket rule, excepting obvious hazard of staying in the vehicle.

    This happened under a completely different ruling body than NASCAR. Normally, if a driver gets out and confronts in this style of racing, it is after the checkered, as laps under yellow do not count at most dirt tracks. Any sane driver will get their car to the pits, change the blown tire, and get back out there. They won't go laps down if they get the work done before the field is set for green again.
     
  23. Jack-the-lad

    Jack-the-lad Three Time F1 World Champ
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    A ban on settlement once a trial commences, and loser pays costs and fees are two ways to discourage frivolous suits and ridiculous monetary awards. Of course, tort reform will only happen when lawyers are barred from holding legislative office (and from making political contributions) :)
     
  24. BigTex

    BigTex Seven Time F1 World Champ
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    Yep....case closed.

    Too bad for his family.......

    Of course, normally weed makes you mellow and friendly with everyone.
    He must have been using it to self medicate ADHD, where it has a different result.
     
  25. BigTex

    BigTex Seven Time F1 World Champ
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    See my other post...

    Treatment of ADHD now uses methamphetamine for focus, followed by anti depressants to sleep..

    Point is, weed effects folks with abnormal blood chemistry differently than normal people.
    Like Willie Nelson...:rolleyes:
     

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