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Not to distract from Mario's OP....
But to me -- this is when a lawsuit is just plain money grabbing crap. Let's see - you're in a race car -- you had the race car built -- you're racing... something breaks (which it does A LOT in racing) and you're suing everybody because it's their fault. How 'bout you don't race... and then it wouldn't happen.... or maybe since it's your race car and you had it built -- then maybe YOU'RE responsible for making it safer... LOL http://www.competitionplus.com/drag-...esbitt-lawsuit |
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I agree with Greg's statement concerning the aftermarket chassis always look WAY better built than the factory.
I'm a "glass is always half full" kind of guy. I'd have to believe in this case that the aftermarket chassis might have actually saved someone's life. Of course I'm speculating here, but perhaps the factory chassis might have allowed the engine to end up in the front seat. Could have been way more crash damage, with the stock frame. It sounds to me like another case of I should sue someone, because I have a shot at making some money off of this. Geesh...never mind the fact that you actually LIVED! I wonder if I could sue Kicker? I had 6 15" subs in a Nissan pickup, with a Snugtop, when I was a teenager. I can't hear as well as I used to....... |
The sad part about this is the frame manufacturer may not really be at fault ( or may have, I have not seen the pictures ). Things happen in car accident. Sometimes really bad things. But if you can spin what seems bad into a horrible situation you can blame anybody for anything. All you need is a few people with impressive resumes and some special training to say whatever you need. There is no truth meter in any court case filing papers. Anybody can sue anybody anytime for anything they want by paying a filing fee for any reason they want for any amount they want. They actually hope that you will settle so they get a good amount of money without anything more then scare tactics.
Welcome to our system. Until the suing party is liable for legal fees of the party defending themselves to a win your going to have these cases. But when our laws are made by lawyers you make there bread and butter on this stuff, the laws will never change. Imagine how cheap our insurance rates would we if they just changed this one law. |
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A glass functions flawlessly until the owner loses control causing an impact resulting in catastrophic failure. :sieg: |
Bottom line to me......
Compare the damage and injury that occurred.... vs what would have happened with a completely stock original chassis set-up... If the design resulted in worse physical injury than would have happened with 30+ year chassis design and technology, then maybe there is a case Otherwise it's crap.... Take responsibility for your own actions... |
Just an FYI; IL law states that a passager in a car can NOT be held liable or at fault for an accident, not saying their going to win this case against the chassis company BUT most likely the chassis company's ins will settle before it gets to the court date.
I know this first hand when my wife was a passager in a car years ago. No aftermarket parts involved but still the same law would apply. According to IL law when you are passager in a car you can't be held liable as you are not in control of the car. She was not looking to rich but wanted to get back the $36k in bills from her injuries. Day before first court hearing the ins company settled because of this law. Not saying that I agree with what is going on here but just pointing out that the passager will most likely get paid!! |
One thing I find interesting is the state's investigator is the one thats not letting this go. And actually fueled the fire according my neighbor. It was all quite until the inquires started.
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