John Westbrook was involved in a sprint car race accident when his car left the track during a race at the Williams Grove Speedway. The call fell about 16 feet over a guardrail where it came down at the bottom of a drop-off.
Westbrook was paralysed and is confined to a wheelchair. He has minimal movement in his arms whereby he can use a computer by typing with his knuckles. But he still needs a lot of help completing day-to-day tasks.
Despite signing a waiver beforehand and knowing the risks, Westbrook’s attorney, David Inscho is arguing that the speedway was negligent for not having a catch fence or levelling the drop-off, which would have prevented Westbrook from the extent of his injuries.
Forensic engineer Luka Serdar said he thought it “was unreasonable to have that drop-off unprotected”. Whilst medical and bioengineer Robert Nobilini testified that had there been a catch fence to prevent Westbrook from falling off the drop-off then his injuries wouldn’t have occurred or been as life limiting.
With the drop-off being levelled or a catch fence in place, Westbrook would have had a much smaller fall meaning “the energy from such a drop would have been reduced significantly to the point where he wouldn’t have fractured his spine or had his spinal cord injury,” Nobilini said.
Making a claim if you’ve been injured in a public place
If you’ve been injured in a public place through no fault of your own in the last three years then you could be entitled to some compensation. Give the team at Accident Advice Helpline a call and find out if your claim is valid.
Our team are expertly trained and will help guide you through our no-win-no-fee* claims process. Fill in the 30-second form on our homepage or call the team on 0800 689 0500 to see whether you can get the compensation you deserve.
Source: Penn Live
Date Published: July 17, 2014
Author: David Brown