Florida Verdicts

Amount:

$1,000,000

Type:

Settlement

State:

Florida

Venue:

Orange County

Court:

Orange County Circuit Court, 9th

Injury Type(s):

Case Type:

Gross Negligence; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance, Amusement Park/Place of Entertainment

Case Name:

Thomas Walker Jr., and PGW, a minor child, v. Bithlo Motorsports LLC, Bithlo Racing Sports LLC, Chris Duckett, Margaret E. Hensinger, and William C. Pixley,
No. 2011-CA-017241

Date:

February 24, 2014

Plaintiff(s):

PGW (Male), 

Thomas Walker, Jr. (Male, 40 Years)

Plaintiff Attorney(s):

Todd R. Falzone;
Kelley Uustal, PLC;
Fort Lauderdale,
FL,
for
PGW, Thomas Walker, Jr. ■ Walter A. Ketcham Jr.;
Grower, Ketcham, Rutherford, Bronson, Eide & Telan, P.A.;
Orlando,
FL,
for
PGW, Thomas Walker, Jr. ■ Kristin Bianculli;
Kelley Uustal, PLC;
Fort Lauderdale,
FL,
for
PGW, Thomas Walker, Jr.

Defendant(s):

Chris Duckett, 

William C. Pixley, 

Margaret E. Hensinger, 

Bithlo Motorsports LLC, 

Bithlo Racing Sports LLC

Defense Attorney(s):

William A. Davis Jr.;
Cole, Scott & Kissane, P.A.;
Orlando,
FL,
for
Chris Duckett, William C. Pixley, Margaret E. Hensinger, Bithlo Motorsports LLC, Bithlo Racing Sports LLC

On Sept. 13, 2009, plaintiff Thomas Walker Jr., 40, a welder, was participating in a mud racing game on a dirt track at the annual Redneck Games in Bithlo. As Walker crossed the finish line ahead of three other vehicles, his customized pickup truck jumped a rut dug in an earlier race, flew through the air, and slammed head-on into a bulldozer set as a barricade about 100 feet from the finish for the safety of fans. Walker fractured his right hip. Walker sued the owners of the racetrack, Bithlo Motorsports LLC and Bithlo Racing Sports LLC, and the race event’s organizers, Chris Duckett, Margaret Hensinger and William Pixley, for gross negligence and premises liability. Walker’s counsel claimed the defendants failed to properly maintain the dirt track in a safe condition. Walker’s counsel claimed the defendants failed to grade, level and properly prepare the dirt surfaces of the track for the various races. They claimed the rear tires of vehicles in six races had cut into the dirt. They claimed that rather than level the track, the race operators reversed the direction of travel for the seventh race of the day, in which Walker raced. They claimed that deep cuts in the dirt track left by other racers made it difficult for Walker to control his truck as he raced along the track at speeds up to 50 mph. They claimed Walker could not see the bulldozer because the race operators reversed the direction of travel for Walker’s race. They claimed the race operators moved the bulldozer after Walker was at the start line. They claimed the defendants showed gross negligence when they failed to level the track between races and used a bulldozer as a barricade. Defense counsel denied the plaintiffs’ allegations. He also contended that Walker signed liability waivers agreeing not to sue if he were injured.

Walker was transported by ambulance to Orlando Regional Medical Center. He suffered a severe intertochanteric fracture to his right hip.He underwent 17 hip surgeries before ultimately having his hip removed. Walker’s counsel claimed that doctors attempted multiple times to put in a prosthetic hip, but each one failed due to infection. Walker was left with no bone connection between his right leg and pelvis. Walker is unable to walk and is confined to a wheelchair. He claimed he is unable to work. He claimed he was an avid truck racer before the accident. Walker sought to recover damages for past and future medical costs, past and future lost wages, and past and future pain and suffering. His son joined in the action on a consortium claim.

Prior to trial, the case was settled for $1 million.

Judge:

John Marshall Kest

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.