07:07:09am, Friday, May 03, 2024
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Why is
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Waiver
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The lawsuit off limits? It's in the news and if it is allowed to continue it will affect us all. |
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Re: Why is
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Head scratcher
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What law suit?
The one from the Iowa State Fair last year? Stormy Daniel's law suit? One of a thousand other ambulance chasing attorney law suits???? Be more specific please. |
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Re: Why is
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Waiver
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They took down a post I put up earlier today. Iowa state fair. But the others count too. |
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Re: Why is
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HP
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Frivolous??
He STILL can't work. I'm sure insurance has paid all medical expenses. Are they paying equivalent to what he was earning previous? It is a risk all us officials take. Till you are in that situation, I'm not sure you really know what you would do. I sure don't. We need much more information before we run around calling it Frivolous!! The REAL hilarious part of the story, is, the main issue the Des Moines Register has is, being pouty about not knowing about the issue at the time. |
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I deleted the post because
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Moderator Registered: 03/25/2008 Posts: 1,446 |
I deleted the post because it had someone's name and no reference to what you were trying to talk about. If you want to discuss the lawsuit then say, who , what, where and when.
And post it under your name. Dick Morgan www.PULLOFF.com Independent Pulling News |
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Re: I deleted the post because
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Posts: 1,162 |
That's a link to the lawsuit.
[www.documentcloud.org] Brent Yaron Hooked Up Pulling Productions hookeduppullingproductions@gmail.com Edited 1 time(s). Last edit at 06/29/2023 12:19PM by Brent Yaron. |
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Re: Why is
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Doc
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Accidents happen.
Negligence is very difficult to prove. Unless skid steer operators were not trained, worked with out break, hot dogging. Who paid equipment operators? Isn't a track worker, event official, flagman covered by the event producer? Who sanctioned event? Who provided insurance? Venues typically are exempt from suits because promoter/producers provide insurance coverage and listing venue as additionally insured. How far into the show did this happen? Could fatigue be an issue? (That is my biggest concern for pulls going past midnight.) Motorsports/entertainment insurers usually provide excellent coverage...at least one does. |
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Re: Why is
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Waiver
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Thanks, have also seen a couple news article's from Iowa about it. Frivolous isn't a strong enough word. If it is allowed to continue the bag of worms will be bottomless. Insurance was already expensive enough for the little small town pulls that lose money or barely break even. I don't have any nice things to say so I'll just say Bless his heart... |
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Re: Why is
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Registered: 01/23/2011 Posts: 241 |
As an employee of the pulling organization, this might be covered under Iowa workers compensation laws, which in most states do not allow the injured to sue their employer. |
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Re: Why is
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Registered: 03/26/2008 Posts: 494 |
As a track official, isn't the official the one in charge of the operations of the event and track area, specifically? So, as a matter of legal fact, wouldn't the OTTPA and ITPA not be responsible? Then, it would become did the official receive the proper training to be in that situation (i.e. licensed/registered as an official). If the organizations had the proper insurance, all medical would be covered.....not sure about workers comp in the state of Iowa (maybe that's where this comes from). I know when I am on the track, my biggest concern is being hit by the track maintenance not the pulling vehicle. Just some thoughts. |
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Re: Why is
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??????
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1. Did they hold a safety meeting, before the event?
2. Was the machine operator, taken in for a blood or P test? 3. Was the backup alarm, in good working order? 4. Is Iowa, an OHSA state? If so, was this incident reported? It is difficult to sweep things under the rug. with a grandstand full of cell phones. |
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Re: Why is
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The man got severely injured, you blame him for suing, he will be off work for a long time, probably has a family, a mortgage, he is not sue happy get off your high horse !! |
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Re: Why is
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Waiver
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You first. He knew the possibility and did it anyways. Personal responsibility. Also HE was the one in charge of making things safe, or at least one of them. It is unfortunate he got injury. But unless the skid steer driver was deranged and had it out for him it's not the organizations fault. |
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Re: Why is
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Moderator Registered: 07/06/2008 Posts: 1,347 |
Didn't Louisville's track crew do tricks and wheelies years ago? |
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Re: Why is
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Registered: 06/16/2017 Posts: 90 |
As part of the show or just during the show? I remember a skid steer operator being on two wheels more than four while he was doing his scraping job but I don't remember it being part of the show. It was more like just how the guy operated trying to move the dirt back as quickly as possible. |
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Re: Why is
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??????
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OSHA’s Code of Federal Regulations Subpart C “General Safety And Health” provisions require skid-steer operators to be trained under CFR 1926.21(b)(2) and CFR 1926.20(b)(4) requirements. The employer is required to train skid-steer operators so that they can recognize and avoid unsafe conditions. Training must be comprehensive enough to ensure that the operator is fully capable of safely handling the equipment in the type of conditions encountered at the work site. Only those who are qualified through training and experience will be authorized to operate this type of equipment. |
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Re: Why is
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Truth
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This is not a frivolous lawsuit. |
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Re: Why is
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Waiver
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That's it you've convinced me! Lol I |
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Re: Why is
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Registered: 08/22/2019 Posts: 84 |
Okay, to start, I deal with insurnace companies all the time. It is part of my job. I have gone to classes talking about insurance regulations and how to deal with insurance companies for collision repairs. A lot of these classes talk about way more then collision claims. There are things everyone should understand.
1. Insurance copmanies don't care who you are and what you want. They are doing what is best financially for them. If this individual that got backed over said he didn't want to sue, the insurance copmany that paid the claim is still going after the money regardless of what the guy wants. 2. An insurance copmany will also do everything they can to put the blame onto someone else. If they can find any loop hole to get out of paying the bill, they will. They have a team of lawyers that do this for a living. 3. They will go after the most, easy money they can get. For instance they would more than likely go after farmer with 4-5 million of dollars in land vs a billion dollar company ragardless of who is truley at fault. If they can blame the farmer, they will. They know it would cost the farmer hundreds of thousands of dollars in court fees and they can probably make them go broke before they win the case. The big copmany has a team of lawyers already working for them. They may be able to get millions from the big copmany, but the farmer is going to be easier. 4. You can not sign your liability away. We all sign waivers when we go into the pits, at events, etc. Think about this. I have signed a waiver dozens of times for gong tino the pits. How many times did anyone explaine to me the dangers of being in the pits? How many times was it explained to me how people were going to drive in the pits? Was I ever told that I need to watch out when someone is backing out of their trailer? The answer to all of these is 0. Yes I know the answer to all of these. But I can about guarantee, if someone looses their life in the pits because of anything, that waiver isn't saving you. And before you say that "they should know this if they are in the pits", Mcdonalds lost a lawsuit when a lady spilled hot coffee on herself because she didn't realize it was going to be that hot. Insurance copmanies are ruthless. They do not care who you are or what you want |
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Re: Why is
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Anonymous
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Can someone explain what happened |
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Re: Why is
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HP
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Click on the link in Brent Yaron post. |
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Re: Why is, another point to ponder,,
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HP
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Sometimes officials are considered 1099 private contractors, and that could effect workers compensation coverage. |
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Re: Why is
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Waiver
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Yup and track crews are usually volunteers or employees of the venue. Funny how the skid steer operator wasn't listed. Must not have had much $$$. |
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Re: Why is
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I was there and witnessed the accident. It was bad. All I can say is why do flag persons stand in middle of track while rolling and scraping is going on? |
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Re: Why is
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Truth
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It's possible the operator already settled himself out of the case; that'd be one reason not to name them. |
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