Lawsuit? The likelihood of Dale Earnhardt’s family filing a wrongful death lawsuit against NASCAR is doubtful, because the driver signed an entry form before the Daytona 500 stating that he knew and understood the risks of racing. The form, signed by all race participants when they enter the tracks, protects NASCAR and track owners from legal action in the case of injury or death. Teresa Earnhardt, Dale’s widow, has given no indication that she’s considering a lawsuit. But on Tuesday, an attorney for the University of Florida’s student newspaper suggested that NASCAR officials may have convinced her to have autopsy photos sealed to protect the sanctioning body from legal action. NASCAR has been sued at least twice in recent years over deaths on the tracks, but in both cases the sanctioning body prevailed in court. J.D. McDuffie’s widow filed a $4.25 million suit after McDuffie was killed in a race at Watkins Glen in 1991. A U.S. district judge in New York threw out the suit, saying McDuffie, “was well aware of the dangers associated with auto racing.” The family of Rick Baldwin, who was fatally injured in practice for a Winston Cup race at Michigan Speedway in 1986, sued NASCAR for $150 million. They alleged that NASCAR was negligent because the window net on Baldwin’s car did not prevent his head from hitting the wall when the car crashed. A jury decided in NASCAR’s favor.(full story at the Atlanta Journal Constitution)(5-18-2001)
