Thursday, September 28, 2023
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NASCAR Fan Says Track Failed to Protect Him

(CN) - A Pennsylvania man claims in court that NASCAR did not sufficiently protect spectators at Daytona International Speedway from flying debris, causing him to suffer a catastrophic brain injury.

In a complaint filed in the Orlando, Fla. Federal Court, Allen Davis says he was a race spectator at Daytona in 2013, when he was struck in the head by debris that breached a trackside "catch" fence.

He says as a result of the incident he suffered a traumatic brain injury, which led to the loss of his job and other damages.

Prior to the mishap, the Nov 5 complaint says, NASCAR, and the Daytona International Speedway installed "crossover" gates, which "were nothing more than movable, chain-link fences" to move from one side of the track to another before and after races.

According to the complaint, a section of the catch fence was cut out in order to install the cross over structure, compromising the integrity of the safety barrier.

"The crossover gates were designed and installed solely for profit in order to sell higher value ticket packages and to increase the fan experience so they would continue purchasing tickets to races at the Speedway, which generated additional revenue," Davis says.

He contends the defendants failed "to develop and utilize effective technology to prevent race cars from becoming airborne during crash situations; by maintaining the Speedway at an angle that caused an increased risk of collision at greater speeds; [and] by failing to develop and utilize a racing methodology that prevents pack racing and inherent hazards it causes."

Davis seeks unspecified damages on multiple claims of negligence, recklessness and intentional misconduct.

He is represented by Daniel Iracki of Coker, Schickel, Sorenson, Posgay, Camerlengo & Iracki PA in Jacksonville, and Patrick Douglas of Douglas & Carter of Lake City, Fla.

A spokesman for International Speedway Corp., Daytona's parent company, declined to comment on the lawsuit.

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