Judge Rules Against Fans Injured at Lowes in 2000
Quote selected text Published July 5th, 2006 in NASCAR NewsFour NASCAR fans injured in the post-race collapse of a pedestrian bridge in 2000 cannot seek damages from Lowe’s Motor Speedway, the state’s Court of Appeals ruled Wednesday.
The three-judge panel unanimously determined that the lawsuits, filed in 2004, came too long after the bridge was constructed in September 1995. State law protects manufacturers from negligence lawsuits after six years under the premise that a product, such as a walking bridge, will eventually deteriorate and fail over time.
More than 100 people were injured, some seriously, on May 20, 2000, when an 80-foot section of the walkway fell 25 feet onto a highway in Concord. Fans were crossing to a nearby parking lot after a NASCAR all-star race.
Investigators have said the bridge builder, Tindall Corp., used an improper additive to help the concrete filler at the bridge’s center dry faster. The additive contained calcium chloride, which corroded the structure’s steel cables and led to the collapse.
“While the incident happened at our speedway, we were in no way responsible,” raceway attorney David Allen said. “The only negligence in this case was Tindall’s.”
In the only negligence verdict resulting from the collapse, Tindall had to pay a portion of a $4 million jury award to a Virginia couple in 2003. Jurors in that case also found that the racetrack breached a contract with the state Department of Transportation by not completing appropriate inspections, so the two sides shared the cost of the award.
Most of the rest of the nearly 50 lawsuits filed against the speedway have been settled out of court and Allen said he expects the few remaining lawsuits to conclude by the end of the year.
[Associated Press]
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I happened to be in attendance the night the pedestrian bridge collapsed. It was the night of the Winston Segmental and Dale Jr was in the Winners Circle when it was announced and a request for any doctors or medical technitions to please go to the site of the accident.
It was evident at the time that Lowes Motor Speedway was doing all they could to aid the injured people on the bridge while it was also requested for all others to stay away from the accident site so that emergency medical teams could work without the crowds holding them back.
I was ushering for a lodge that day and will honestly say that the crowd was thick and heavy with people rushing about everywhere. However; the personnel at the speedway did do all they could to aid and provide medical assistance to all injured fans that night.
I had walked on that bridge earlier that day. Nothing seemed wrong with it. There were just too many people on this structure when it collapsed.
Being that I was in attendance I have to say that Lowes was quick to respond and did everything they possibly could to aid these pedestrians on the bridge.
Waiting four years to petition the courts for restitution of their injuries was plain foolish! Everyone knows that claims must be filed within one year even if all medical or theraputic rehabilitation is not complete at the time the suit is filed.
Lowes did all they could. As for the company who built this structure, there is nothing I can say, but Lowes was doing all they could to aid the injured and provide medical care until ambulances arrived.
Mary Tupper
formerly of Hartford, Ohio
Atlanta, Georga