Lawsuit filed against bicycle race organizer

It is always sad when a racer is injured, worse when one is paralyzed. For those of us who love to push the limits, it is a real mental argument whether life in wheelchair is life.

Sarah Scott filed a lawsuit against the Tour de ‘Toona, a bicycle race in Martinsburg Borough Pennsylvania. As she was rounding a 90 degree turn she “left” the highway and crashed into a ditch. She suffered several shattered vertebrae and is paralyzed from the waist down.

Prior to entering the race she had signed two different releases. The plaintiff is arguing the defendants were reckless and advertised the race as “safe.” The plaintiff claims that in past races there were at least two wrecks at the same location without incident and that hay bales should have been placed there as they were in other locations around the course.

However isn’t that argument self defeating. If there had been other crashes without injury at a location, why would additional protection be needed?

The plaintiff’s lawyer stated “You can’t assume [a risk] that you can’t see,” which in most states is not true. As long as you know that there may be a ditch, or other problem and you continue the activity, you know and understand, you assume the risks.

The article states that there was a lot of emotion in the case. I suspect that this is very true. It is difficult to look at someone in a wheel chair. However the article also states the plaintiff wanted to move up in the cycling world. Between two releases that were signed, if properly written and a knowledgeable racer cycling in a race it is difficult to believe the case should not be dismissed.

Even if dismissed, it will be appealed. There is too much money at stake.

See Tour de ‘Toona seeks lawsuit dismissal.

For additional Rec-Law blogs on the subject of bicycle racing or tours see Maybe a little premature on a post: RAGBRAI, and Cyclists suing over hole in bike path

For more cases on bicycle racing see Case Brief: NORBA release saves event operators when race release was lost, Case Brief: Kansas court finds for defendant in bicycle race lawsuit, Case Brief: Death during mountain bike race sparks lawsuit over failure to follow standards and checklists, Case Brief: City of New Orleans and Dog Owner not Responsible for Injured Cyclist, and Jurisdiction can affect the potential outcome of a case.