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Kirkham Motorsports

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Old 03-05-2015, 08:04 AM
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"I'm not a lawyer, but I play one on the internet"

Love you man!
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Old 03-05-2015, 08:19 AM
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As far as civil liability goes, you can sue anybody for anything. That said, I am sure this isn't FFR's first rodeo as far as safety is concerned. I would think FFR's first line of defense is they furnish a kit to builder who then determines what is required to finish the car. Furthernore, since it is a kit, it doesn't fall under any safety requirements of Federal Law. It is up to the builder to determine what safety equipment is installed.

As far as the driver goes, he is in deep ca ca. This should a strong reminder to a lot of us, taking fast cars to a place where you consume alcohol is not a good thing. I know a number of people out there have driven and been over the legal limit, just sayin'. Don't be that guy.
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Old 03-05-2015, 08:38 AM
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Quote:
Originally Posted by LMH View Post
Saw this in another article:

"Staff at Scottsdale Healthcare Osborn Medical Center said Wilson's blood-alcohol content was 0.148 percent, nearly double the state's legal limit of 0.08 percent."

Larry
To help put this into perspective: According to this web-base BAC calculator (www.bloodalcoholcalculator.org), I would need to drink 8 beers in 1 hour to blow a 0.146. That's a lot.

IMO, this punk's actions were 100% criminal and he deserves to be severely punished. His grossly negligent actions have ruined the lives of two families, his own and the victim's.
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Old 03-05-2015, 09:36 AM
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To help put this into perspective: According to this web-base BAC calculator (www.bloodalcoholcalculator.org), I would need to drink 8 beers in 1 hour to blow a 0.146. That's a lot.

IMO, this punk's actions were 100% criminal and he deserves to be severely punished. His grossly negligent actions have ruined the lives of two families, his own and the victim's.
The calculator shows I would need to drink 8 beer in an hour to blow 0.148. It's been a long time since I had 8 beer in 24 hours!

The calculator also indicates I could drink 5 beer in an hour and blow 0.075. The more likely scenario is I would have 2 beer in an hour, perhaps 4 over an entire social evening, so that's somewhere around 0.020 to 0.025 - but I still wouldn't take the Cobra out.

12 hours bottle to throttle seems to be a good rule - especially for these cars.
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Old 03-05-2015, 09:56 AM
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In the case I mentioned above where we had an employee get into trouble, when the lawsuits started flying our company was even sued and had to defend ourselves in the civil lawsuit. The lawyers pretty much went after anyone and everyone and claimed that since he had not gone home from work yet, he might still have been considered on the clock, even though he had left work at 4pm and the accident happened after midnight. That's how bizarre it can get. We still had to defend ourselves and spend a ton in legal fees.

One thing I learned during all of that was that the kid's vehicle was still registered and insured in both his and his parents name, which left the parents wide open to a $2.5mil lawsuit and cost them their home when all was done.

Lesson here was as our counsel told me, always have your kids vehicles ONLY registered in their name in case they ever do something stupid, God forbid.
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Old 03-05-2015, 10:06 AM
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One thing I learned...
The only thing you can really do is have a large umbrella policy. I've harped about it on here for years -- roughly $150/yr per million coverage. Lawsuits today are becoming just another "cost of living."
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Old 03-05-2015, 08:40 AM
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Wouldn't a lot of the liability for the vehicle rest on the inspecting and titling department of the state where it is titled/registered???????

side note-----Revell has a 25 million liability on the model kits of my race car-------

And statement about he was running 60-70 mph and went 100 feet off road and thru fence--------that's like multiplying apples x oranges to get pears divided by banans to get pineapples minus lemons to get limes????????
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Old 03-05-2015, 09:18 AM
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In the 30 +years I've been following this hobby, I don't ever remember a suit being filed against a Cobra manufacturer because someone got hurt and claimed it was because the car itself was bad/dangerous/crappy, etc. It's bound to have happened somewhere, sometime... I've just never seen it and, had I, I would most certainly remember it.
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Old 03-05-2015, 09:28 AM
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I believe that one of the many reasons the manufacturers sell the cars as "rollers" is that it is then just considered a "part". What you do with that part after you purchase it is up to you.
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Old 03-05-2015, 09:34 AM
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I believe that one of the many reasons the manufacturers sell the cars as "rollers" is that it is then just considered a "part". What you do with that part after you purchase it is up to you.
... and most people have no idea how ungodly expensive real litigation is.
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Old 03-05-2015, 11:36 AM
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Roadster accident fatal - FFCars.com : Factory Five Racing Discussion Forum
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Old 03-05-2015, 02:11 PM
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Couldn't this individual claim he was exposed to an entitled childhood and did not have the opportunity to understand consequence? There was a case in Texas not long ago and the aforementioned was the defense and they won. That all being said somebody hurts or kills my daughter the "case" will be over before the first lawsuite is filed but I am a dying breed in this cowardly society I live in....
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Old 03-05-2015, 02:14 PM
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Couldn't this individual claim he was exposed to an entitled childhood and did not have the opportunity to understand consequence? There was a case in Texas not long ago and the aforementioned was the defense and they won. That all being said somebody hurts or kills my daughter the "case" will be over before the first lawsuite is filed but I am a dying breed in this cowardly society I live in....
Google "affluenza".

It's disgusting that such a ridiculous argument carried such weight in court.
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Old 03-05-2015, 02:39 PM
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Not trying to stray this thread too far.
Nothing surprises me anymore. I am in the construction biz so pretty much an open target. A woman had a seizure and fell off the sidewalk and was run over by a bus a block away from the jobsite. Guess who got sued for not providing proper pedestrian warnings and walkways? We won, but actually the lawyers did.
It sadly has become a cost of doing business.
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Old 03-05-2015, 02:43 PM
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Quote:
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We won, but actually the lawyers did.
Patrick has got to eat somehow
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Old 03-05-2015, 05:36 PM
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Patrick has got to eat somehow
As far as I'm concerned, school teachers should be paid what I am, and vice versa. In that case, I would then be a school teacher.
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Old 03-05-2015, 03:49 PM
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Petty sure living in a singlewide outside of Tucson might negate any 'affluenza' defense....
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Old 03-05-2015, 04:20 PM
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Petty sure living in a singlewide outside of Tucson might negate any 'affluenza' defense....
Pretty much guarantees the civil suit attorneys will be looking for deeper pockets to go after as well as the family.
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Old 03-05-2015, 04:32 PM
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Couldn't the family divest of all their "wealth" at this point and be broke. A week ago and everyone was healthy and happy..... Hate to say but it will happen again this weekend to a different victim and family.
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Old 03-05-2015, 04:39 PM
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Yes, in America it is now the norm (and encouraged) to blame the environment VS the individual.
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