Wyoming Attorney Cleared In Earnhardt Seat Belt Case: The Wyoming Supreme Court has ruled that a lawyer hired to sue NASCAR for blaming a seat belt for Dale Earnhardt's death did not commit an ethics violation. The justices did not find evidence that Robert Horn had violated a Wyoming State Bar rule against representing different clients in the same or related cases if they have competing interests. The high court also affirmed that Simpson Performance Products (SPP) of Charlotte owes Horn about $20,000 in legal fees. SPP made the seat belt Earnhardt was wearing when he died in a crash at the 2001 Daytona 500. NASCAR officials blamed Earnhardt's death in part on seat belt failure. SPP then hired Horn to look into suing NASCAR. The company did not file suit, but company founder Bill Simpson sued in 2002, after he left the company. Horn represented Simpson and the company.(WRAL.com/AP)(6-29-2004)
Simpson Update: Speculation in the garage is that safety guru Bill Simpson settled his suit with NASCAR out of court in order to simplify the distribution of his new product line, Impact Racing, which features, among other things, improved helmets. Simpson says he has pressurized the helmet with air from the top, which keeps carbon monoxide away from the driver's face and prevents the visor from getting clogged up. The helmet is a pound lighter than his previous models, which is better on the neck during impact. Joe Nemechek, Ricky Craven, Casey Mears and Rusty, Kenny and Mike Wallace are wearing the new helmets.(Sporting News)(8-11-2003)
No Money in the Settlement: Attorneys representing NASCAR and safety equipment manufacturer Bill Simpson confirmed Friday there was no financial settlement to the deal they announced Tuesday. Terms of the settlement were not disclosed, but Simpson, of Avon, Ind., had insisted on receiving an apology from the sanctioning body before he filed an $8.5 million defamation lawsuit in federal court in Indianapolis. NASCAR linked the seat belt of Simpson's former company to the death of seven-time Winston Cup champion Dale Earnhardt in the 2001 Daytona 500. Simpson insisted that Earnhardt had the belt installed at an angle unapproved by the manufacturer.(Indianspolis Star)(7-19-2003)
Simpson vs NASCAR may be resolved UPDATE suit dismissed: Safety manufacturer Bill Simpson's lawsuit against NASCAR over the death of Dale Earnhardt is scheduled to start Sept. 13 here [Indianapolis] in Federal Court but it may have been decided Monday. NASCAR president Mike Helton and Simpson met for three hours Monday afternoon with U.S. Federal District Court magistrate Sue Shields and the result of that meeting will be announced Tuesday. "There will be a joint statement issued tomorrow by NASCAR out of Daytona Beach and that is all we can say," said attorney James H. Voyles, who along with Robert Horn, are representing Simpson. Helton declined to speak to reporters as he left the building, as did Simpson. Judge Sarah Evans Barker was scheduled to preside if the suit went to trial but Shields requested an audience with Helton and Simpson on Monday. And Tuesday's announcement will likely reveal an out-of-court settlement, state that the case has been thrown out or that the suit will make it to trial, as scheduled, in two months.(see full story at ESPN.com by Robin Miller) UPDATE: The following joint statement is issued by Bill Simpson and NASCAR in connection with Mr. Simpson's voluntary dismissal of his defamation and false light invasion of privacy lawsuit against NASCAR pending in the U.S. District Court for the Southern District of Indiana. "Simpson and NASCAR are happy to announce that they agree that it is in the best interest of racing that they direct their time, energy and resources away from litigation and toward their joint goal of improving safety for professional racing drivers. Any misunderstanding between the parties, and the public, which gave rise to this litigation, can now be put to rest." NASCAR said it is pleased that Simpson dismissed his lawsuit. NASCAR President Mike Helton said, "We recognize that Bill has contributed significantly to the safety of motorsports for over 43 years, and we are glad the issue has been resolved." Simpson intends to supply teams and drivers with safety products from his new company. "I'm looking forward to doing what I do best," Simpson said, "and that's helping drivers and teams be as safe as they can at the track." This statement is the only consideration for the dismissal and the parties do not intend to discuss this matter further.(NASCAR PR)(7-15-2003)
Latest on Simpson vs NASCAR Trial: When Halifax Medical Center trauma specialist Dr. Steve Bohannon said Dale Earnhardt would have had a better chance to survive if his seat belt didn't separate in the 2001 Daytona 500, he was just trying to answer a question during a news conference. Now that answer is the crux of an $8.5 million defamation lawsuit Bill Simpson has filed against NASCAR. In documents filed earlier this month in U.S. District Court in Indianapolis, Simpson attorney Robert Horn argues that NASCAR had reason to be afraid of Simpson. He says NASCAR's failure to acknowledge that Earnhardt's belt system was improperly installed, along with the comments by Bohannon and others, harmed Simpson. Bohannon, who serves as the director of emergency medical services at Daytona International Speedway, spoke during a news conference five days after the death of the seven-time Winston Cup champion. A jury trial in the case is tentatively scheduled for September. The judge can rule on NASCAR's motion for summary judgment -- a ruling in its favor without trial -- anytime before then.(Daytona Beach News Journal)(5-19-2003)
Simpson vs NASCAR goes on Sept 15th: Racing safety pioneer Bill Simpson said his defamation claim against NASCAR isn't about what sanctioning body officials said following the death of Dale Earnhardt in the 2001 Daytona 500. It's what NASCAR didn't say. In a deposition taken Feb. 27, Simpson said NASCAR's refusal to say that Earnhardt's seat belt was installed incorrectly is what defamed him. NASCAR, filing for a summary judgment last week in U.S. District Court in Indianapolis, said Simpson's admission that NASCAR never said anything false should compel a ruling in its favor without the $8.5 million claim going to trial as scheduled Sept. 15. NASCAR also contends that it never mentioned Simpson by name and never said anything with malice. In the Simpson deposition, NASCAR attorney Robert Johnstone questioned him on a list of 22 statements provided by Horn as evidence that NASCAR defamed Simpson or invaded Simpson's privacy.(Daytona Beach New Journal)(4-8-2003)
Simpson vs NASCAR date set: The trial date in safety equipment manufacturer Bill Simpson's civil lawsuit against NASCAR for defamation following the death of Winston Cup driver Dale Earnhardt has been set for Sept. 13, 2003, Simpson attorney Jim Voyles said.(Indianapolis Star)(7-12-2002)
Simpson vs NASCAR: NASCAR claims in court documents filed this week that it did not defame seat-belt pioneer Bill Simpson because its officials told the truth without malice about the death of Dale Earnhardt and his torn seat belt. NASCAR also stated that it never said that Earnhardt was killed as a result of seat-belt failure. Simpson filed an $8.5 million defamation suit against NASCAR in February. In the suit, Simpson contends that he suffered financially after NASCAR said Earnhardt's seat belt resulted in the death of the seven-time Winston Cup champion in the 2001 Daytona 500. Attorney Bob Johnstone, representing NASCAR, filed a response Monday to the suit in U.S. District Court in Indianapolis.(see full story at the Daytona Beach News Journal)(4-11-2002)
Simpson vs NASCAR suit moved: Bill Simpson's defamation lawsuit against NASCAR has been moved from a Marion County, Ind., superior court to federal court. As expected, NASCAR asked for the change because the case involves parties from two different states. The suit was moved earlier this week to U.S. District Court, Southern District of Indiana, in Indianapolis. Bob Horn, an attorney for Simpson, said he will not object to the move. The case has been assigned to U.S. District Court Judge Sarah Evans Barker, who is presiding over the Bridgestone/Firestone tire product-liability cases. Attorney Robert Johnstone of Barnes & Thornburg in Indianapolis will represent NASCAR.(Daytona Beach News Journal).(2-23-2002)
Simpson to Sue NASCAR UPDATE: ESPN.com has learned that Simpson is fingering NASCAR for wrongly accusing his safety company of playing any part in Earnhardt’s demise on the final lap of the Daytona 500. Bill Simpson wants his name absolved in the death of his friend Dale Earnhardt. Attorneys James H. Voyles and Robert W. Horn will file a suit Tuesday morning in an Indianapolis superior court. Simpson has confirmed he is filing a multimillion dollar lawsuit, charging NASCAR with defamation of character, false invasion of privacy, defamation by implication and reckless disregard for the truth. "NASCAR brought me to my knees like nobody else ever has and, for eight months, I felt impudent because these charges just kept coming and there was nothing I could do," said Simpson, who received several death threats and eventually moved out of his former home in Charlotte, NC. Everyone who has ever dealt with NASCAR has acquiesced to them and nobody will stand up to them. But they picked on the wrong guy this time. I'm not going away quietly and they deserve to pay for what they did to me and my company's reputation. This isn't about money. This is about integrity and the truth." NASCAR spokesman Mike Zizzo said his organization would not comment.(ESPN)(2-11-2002) UPDATE: Simpson Performance Products issued a statement Tuesday in which is said it would not be party to any lawsuit against NASCAR. “We have been working cooperatively with NASCAR for the past several months on ways to improve driver safety, to support NASCAR’s efforts on building strong safety programs and to contribute valuable input to the process,” said Simpson Performance Products CEO Chuck Davies. The statement was released in response to several news reports that indicated Simpson Products founder and former president Bill Simpson would file a lawsuit against NASCAR for, among other things, defamation of character.(ThatsRacin.com) AND Bill Simpson intends to pursue his multi-million dollar lawsuit against NASCAR and will file it Wednesday morning in Indianapolis, but he'll go it alone after Simpson Safety Products asked to be removed as a plaintiff.(ESPN)(2-13-2002) UPDATE suit filed: Bill Simpson was unable to elicit an apology from NASCAR on Tuesday, leaving him convinced that a lawsuit he filed today is his only recourse against stock-car racing's sanctioning body. "I guess the word 'apology' is not in NASCAR's vocabulary," he said after a day of negotiations. "So, we'll see them in court." Simpson, a resident of Avon, IN, filed an $8.5 million lawsuit this morning in Marion County Superior Court, claiming NASCAR wrongly blamed the construction of seat belts made by his company in the death of seven-time Winston Cup champion Dale Earnhardt in the 2001 Daytona 500.(Indianapolis Star)(2-13-2002)
Simpson to return? Bill Simpson retired from the racing products company that bears his name last summer, when the controversy over the separated lap belt found in the wreckage of Dale Earnhardt's fatal accident was at its height. But according to driver Rusty Wallace, a friend of Simpson's, the safety pioneer might be ready to get back in the game. "He's ramping up a little bit right now to get back in business," Wallace said. "I'm pleading with him to get back in business. He was really mad at the world for a long time. I know he's one of the experts out there. I expect Bill in another four or five months to come out with a new line of safety equipment, uniforms, helmets, shoes and the whole thing. As soon as that happens, I'm putting it right on." Simpson's company manufactured the belt that separated in Earnhardt's crash, setting off a debate over whether the belt was installed improperly or failed on its own. He earned a degree of vindication over the offseason, when NASCAR mandated that all belts must be installed according to manufacturer's instructions. "The thing that really killed him is that one of his best friends was Dale Earnhardt," Wallace said. "And he was taking all that wrath with people telling him his product was bad, and it wasn't. He and Dale drank beer together and hung out together. They loved each other. He wore everything Simpson had."(Charleston Post and Courier)(1-27-2002)
Simpson Shuts Down: Bill Simpson, the noted safety specialist who has resigned as head of his company (though he still retains a significant share of the business), has closed down the company's mobile Winston Cup safety rig, much to the consternation of many stock car teams that have relied on the rig for at-track safety devices(Winston Salem Journal)(8-11-2001)
Simpson Resigns: Bill Simpson, who dedicated his life to making motorsports safer for its participants, told NASCAR.com Tuesday night that he has resigned from the company that bears his name in the aftermath of Dale Earnhardt’s fatal accident in February. Simpson, who less than four years ago sold two-thirds of Simpson Performance Products -- a diverse company that makes a wide variety of safety equipment ranging from drivers’ helmets and uniforms to child safety seats -- said the decision came from an inability to separate his personal relationships from the business of safety in an inherently violent endeavor. "I can’t separate the two -- it’s tough," Simpson said. "I wrote my resignation letter two weeks ago and it was accepted, reluctantly, yesterday."(NASCAR.com)(7-31-2001)
NASCAR Lawyers meet with firefighter: NASCAR attorneys met Thursday with an Orange County firefighter who says the driver’s seat belt did not break during a crash at the Daytona 500. During a 75-minute meeting at the firehouse where he works, Tommy Propst continued to insist that he found Earnhardt’s seat belts intact after the #3 Chevy hit the concrete wall of Daytona International Speedway. "He was interrogated, and he told the exact same story he has always told," said his attorney, Elizabeth Faiella of Winter Park. "They believe Tommy is telling the truth, but that he’s mistaken that the belt is not severed." Controversy about the belt and whether it broke occupied NASCAR lawyers in Orlando and Daytona Beach on Thursday. While two interrogated Propst, another blocked an attempt by seat-belt maker Bill Simpson to win an apology from NASCAR officials he accuses of maligning his product.(Orlando Sentinel)(5-4-2001)
Simpson Still Wants Meeting: Bob Horn, an attorney representing Bill Simpson, is trying to finalize a meeting with NASCAR's top officials, Chairman Bill France Jr. and President Mike Helton, in the days between the running of The Winston (May 19) and the Coca-Cola 600 (May 27) at Lowes Motor Speedway. As of Tuesday, he was optimistic, but had not received a commitment from NASCAR's chief counsel, Gary Crotty(CNN/SI)(5-9-2001)
Simpson to meet with France and Helton on Thursday UPDATE 4 no meeting: Bill Simpson, founder and chairman of the company that made the seat belts in Dale Earnhardt's race car, said Tuesday that he will ask NASCAR's top two officials to issue a statement that the seatbelts in Earnhardt's car had nothing to do with Earnhardt's Feb. 18 death in the final lap of the Daytona 500. Simpson told ESPN's Kelly Neal that he would make the request in a meeting he has scheduled for Thursday morning with NASCAR chairman Bill France Jr. and NASCAR president Mike Helton in Daytona Beach(full story at ESPN)(5-1-2001) UPDATE: Word on the street is that, in what appears to be a miscommunication, there will be no meeting Thursday morning between anyone at NASCAR and Bill Simpson of Simpson Racing Products. A spokesperson at Simpson's office in Mooresville, NC, said she could not reach Simpson or his pilot but "NASCAR apparently had canceled the meeting." A NASCAR spokesman said, "There never was a meeting -- there is nothing on Bill, Jim or Mike's calendars," referring to NASCAR chairman of the board Bill France, NASCAR executive vice president/secretary Jim France or NASCAR president Mike Helton.(NASCAR.com Buzz)(5-2-2001) UPDATE 2: but the Orlando Sentinel is reporting: With a showdown meeting between Simpson and NASCAR chairman Bill France Jr. looming at 10:00am/et today in Daytona Beach, Simpson offered his version of events in the days after Earnhardt’s death during an interview with the Orlando Sentinel. Simpson wants to be exonerated by NASCAR, whose officials did not return repeated phone requests for comment UPDATE 3: Bill Simpson came to Florida on Thursday looking for an apology from NASCAR over remarks that the failure of one of his products may have been responsible for the death of Dale Earnhardt. Instead, he waited alone in NASCAR's lobby for 15 minutes before being told that his lawyer didn't want him to have any contact with NASCAR without legal representation.(That's Racin'/AP)(5-3-2001)
Seat Belt Cut? on Friday's RPM 2Night(ESPN2) and the ESPN Site, it is being reported that - Bill Simpson claims a fan has come forward with video showing Earnhardt being cut from his seat belt. Simpson, founder and chairman of Simpson Performance Products, which made the seat belt Earnhardt was wearing during his deadly crash at the Daytona 500 on Feb. 18, told ESPN radio's Jack Arute that a fan sent him the video of the crash. According to Simpson, he believes the video shows that an EMT cut the seat belt. "Since this whole thing has surfaced and since NASCAR did their press conference, there's a spectator that has come foward with videotape and it clearly shows an EMT getting into the car with a knife – and that's what it looked like to me – like it had been cut," said Simpson. "I have a copy of it now and it's out being enhanced at the moment." After Dale Earnhardt died at Daytona, NASCAR reported that a broken seat belt was discovered in Earnhardt's car. But, earlier this week, an independent doctor who viewed autopsy photos made the claim that a broken seat belt did not cause Earnhardt's death. More at the ESPN site(4-14-2001)