Tag Archives: motocross

Gross Negligence Claim in California Motocross Case Fails

By Doyice Cotten

Scott Champion and some other motocross racers filed suit against Feld Entertainment, Inc. claiming injury because defendants, in order to dry the track, used caustic lime on the soil and failed to mix it properly (Champion v. Feld Motor Sports, Inc., 2021). Feld argued that the waiver signed by plaintiffs protected against claims for ordinary negligence; further, plaintiffs failed to plead gross negligence.

California Gross Negligence Law

The Court then set out to ascertain whether plaintiff has sufficiently stated a claim.

Delaware Court Enforces Motocross Parental Waiver for Negligence but Not for Recklessness

By Doyice Cotten

 

In 2013, Tommy Lynam (age 13), was riding a motocross bicycle at Blue Diamond Motocross near New Castle. While riding, Tommy rode off a jump, made a hard landing, and was unable to stop in time before colliding with a large metal shipping container. Lynam sued alleging negligence and recklessness (Lynam v. Blue Diamond Motocross LLC, 2016).

 

Lynam’s father had signed a waiver entitled “Parental Consent, Release and Waiver of Liability,

Wanton Conduct at Issue in a Motocross Case

By Doyice Cotten

Sport, recreation and fitness professionals often encounter the term “negligence” and most have at least a general idea of what negligence entails; but sometimes one comes across the term “willful and wanton act” (sometimes referred to as wanton act) and most don’t really understand what it means. A 2011 Alabama case gives us  a good example of what might be considered a willful and wanton act (J.T., Jr. v. Monster Mountain,

NY Motocross Waiver Fails to Protect Because of GOL 5-326

By Doyice Cotten

Pablo Torres, an experienced motocross rider, signed a waiver, paid a fee to enter a race, participated in a motocross race, fell when his cycle was bumped from behind, and suffered an injury when he struck a hard object not far from the track.

Apparently, the management had put in a sprinkler system near the track, leaving an exposed PVC pipe. This was denied by management, but a witness said he saw it.

Kentucky Motocross Race Waiver Upheld for Negligence and Willful and Wanton Negligence

By Doyice Cotten

In 2011, Walter Brotherton worked on a voluntary basis as a mechanic for one of the racers in the Kentucky Indoor Motocross Championship.

Brotherton was injured during a practice heat while standing near the starting gate.  He and others  decided to move and watch the practice from another location inside the Arena, but at that moment a motorcyclist topped a hill and careened into the starting area injuring Brotherton.

He subsequently sued,