Motocross death brings lawsuit for negligence
Parents of teen say son did not have to die after fall
January 28, 2009 12:06:00 AM - By Rob Young/Appeal-Democrat
The parents of a 17-year-old boy killed on the motocross track at
Marysville's Beckwourth Riverfront Park have filed a lawsuit alleging
negligence by the track operator and a Sacramento ambulance company.
Benjamin Turner of Sacramento died June 21 of a fractured neck after
he was thrown over the handlebars of his motorcycle. His parents,
David and Jan Turner, filed the lawsuit in November in Sacramento
County Superior Court.
Named as defendants are the ambulance company, TLC Transportation
Inc., and E Street MX, the track operator.
The defendants "negligently cared for, diagnosed and treated (Turner),
and failed to exercise the standard of care and skill ordinarily and
reasonably required of a full service ambulance company," causing
Turner's death, according to the suit filed by Sacramento attorney
Joseph J. Babich.
Failure to promptly take Turner to nearby Rideout Memorial Hospital
contributed to his death, the suit alleges.
A TLC Transportation ambulance was stationed at the track under a
contract with E Street MX. But a local company, Bi-County Ambulance,
was called after the accident and transported Turner to the hospital.
Turner, who had complained that he was unable to breathe, died before
the ambulance reached the hospital, Marysville police said at the
time.
Authorities did not say how much time elapsed between the boy's
removal from the track and the arrival of Bi-County Ambulance.
E Street MX owner Scott Davis declined comment Tuesday.
In a court brief filed in response to the lawsuit, E Street MX
attorney Keith G. Bremer of Newport Beach said Turner signed a release
before racing and "failed to exercise ordinary and reasonable care or
caution for his own safety," ruling out an award to his parents.
The response also states that the lawsuit fails to state sufficient
facts about the accident and was not filed in time under a statute of
limitations.
TLC Transportation attorney Douglas G. Mackay of Rancho Cordova wrote
in his response that fault, if any exists, lies with "independent, non-
affiliated persons" who were not acting on behalf of the ambulance
company.
Turner's death was at least the third at the track since 1997. The
first two deaths occurred under a different operator. Davis, who also
operates the Shad Pad motorcross track south of Marysville, took over
in February 2007.
E Street MX leases the land from the city of Marysville, which
receives a portion of racing profits.
Babich said it will take at least a year to resolve the lawsuit. No
court hearing is scheduled, he said.
Again: Where is the AMA on this one???
On Wed, 28 Jan 2009 03:41:34 -0800 (PST), editor@mxnewsfeed.com
wrote:
>Motocross death brings lawsuit for negligence
>Parents of teen say son did not have to die after fall
>January 28, 2009 12:06:00 AM - By Rob Young/Appeal-Democrat
>The parents of a 17-year-old boy killed on the motocross track at
>Marysville's Beckwourth Riverfront Park have filed a lawsuit alleging
>negligence by the track operator and a Sacramento ambulance company.
>Benjamin Turner of Sacramento died June 21 of a fractured neck after
>he was thrown over the handlebars of his motorcycle. His parents,
>David and Jan Turner, filed the lawsuit in November in Sacramento
>County Superior Court.
>Named as defendants are the ambulance company, TLC Transportation
>Inc., and E Street MX, the track operator.
>The defendants "negligently cared for, diagnosed and treated (Turner),
>and failed to exercise the standard of care and skill ordinarily and
>reasonably required of a full service ambulance company," causing
>Turner's death, according to the suit filed by Sacramento attorney
>Joseph J. Babich.
>Failure to promptly take Turner to nearby Rideout Memorial Hospital
>contributed to his death, the suit alleges.
>A TLC Transportation ambulance was stationed at the track under a
>contract with E Street MX. But a local company, Bi-County Ambulance,
>was called after the accident and transported Turner to the hospital.
>Turner, who had complained that he was unable to breathe, died before
>the ambulance reached the hospital, Marysville police said at the
>time.
>Authorities did not say how much time elapsed between the boy's
>removal from the track and the arrival of Bi-County Ambulance.
>E Street MX owner Scott Davis declined comment Tuesday.
>In a court brief filed in response to the lawsuit, E Street MX
>attorney Keith G. Bremer of Newport Beach said Turner signed a release
>before racing and "failed to exercise ordinary and reasonable care or
>caution for his own safety," ruling out an award to his parents.
>The response also states that the lawsuit fails to state sufficient
>facts about the accident and was not filed in time under a statute of
>limitations.
>TLC Transportation attorney Douglas G. Mackay of Rancho Cordova wrote
>in his response that fault, if any exists, lies with "independent, non-
>affiliated persons" who were not acting on behalf of the ambulance
>company.
>Turner's death was at least the third at the track since 1997. The
>first two deaths occurred under a different operator. Davis, who also
>operates the Shad Pad motorcross track south of Marysville, took over
>in February 2007.
>E Street MX leases the land from the city of Marysville, which
>receives a portion of racing profits.
>Babich said it will take at least a year to resolve the lawsuit. No
>court hearing is scheduled, he said.
scrape asks:
> Again: Where is the AMA on this one???
http://www.estreetmx.com/flyers/EStreetWinter09.pdf
Flyer doesn't list AMA so maybe not an AMA track.
You have any more data to imply that the AMA (or
their insurance company) should be doing something?
Go fast. Take chances.
Mike S.
www.usatogether.org
On Wed, 28 Jan 2009 05:20:40 -0800 (PST), sturd
>scrape asks:
>> Again: Where is the AMA on this one???
>http://www.estreetmx.com/flyers/EStreetWinter09.pdf
>Flyer doesn't list AMA so maybe not an AMA track.
>You have any more data to imply that the AMA (or
>their insurance company) should be doing something?
Maybe not.
And by the way, tracks themselves aren't AMA or non-AMA. It's the
event that's sanctioned. Tracks can run both AMA and non-AMA
events.
My contention remains that the AMA is in it strictly for
themselves. They do nothing at all for the off road community.
>www.usatogether.org
Looks interesting. What do you know about these folks?
scrape admits:
> Maybe not.
Ahh. As expected. Knee jerk reaction with no thought
involved.
> >www.usatogether.org
> Looks interesting. What do you know about these folks?
Just what I know from the website and the radio interview
I heard with the founder of the site
http://www.npr.org/templates/story/story.php?storyId ™478227
Go fast. Take chances.
Mike S.
www.usatogether.org
XML Sitemap
>Parents of teen say son did not have to die after fall
>January 28, 2009 12:06:00 AM - By Rob Young/Appeal-Democrat
>The parents of a 17-year-old boy killed on the motocross track at
>Marysville's Beckwourth Riverfront Park have filed a lawsuit alleging
>negligence by the track operator and a Sacramento ambulance company.
>Benjamin Turner of Sacramento died June 21 of a fractured neck after
>he was thrown over the handlebars of his motorcycle. His parents,
>David and Jan Turner, filed the lawsuit in November in Sacramento
>County Superior Court.
>Named as defendants are the ambulance company, TLC Transportation
>Inc., and E Street MX, the track operator.
>The defendants "negligently cared for, diagnosed and treated (Turner),
>and failed to exercise the standard of care and skill ordinarily and
>reasonably required of a full service ambulance company," causing
>Turner's death, according to the suit filed by Sacramento attorney
>Joseph J. Babich.
>Failure to promptly take Turner to nearby Rideout Memorial Hospital
>contributed to his death, the suit alleges.
>A TLC Transportation ambulance was stationed at the track under a
>contract with E Street MX. But a local company, Bi-County Ambulance,
>was called after the accident and transported Turner to the hospital.
>Turner, who had complained that he was unable to breathe, died before
>the ambulance reached the hospital, Marysville police said at the
>time.
>Authorities did not say how much time elapsed between the boy's
>removal from the track and the arrival of Bi-County Ambulance.
>E Street MX owner Scott Davis declined comment Tuesday.
>In a court brief filed in response to the lawsuit, E Street MX
>attorney Keith G. Bremer of Newport Beach said Turner signed a release
>before racing and "failed to exercise ordinary and reasonable care or
>caution for his own safety," ruling out an award to his parents.
>The response also states that the lawsuit fails to state sufficient
>facts about the accident and was not filed in time under a statute of
>limitations.
>TLC Transportation attorney Douglas G. Mackay of Rancho Cordova wrote
>in his response that fault, if any exists, lies with "independent, non-
>affiliated persons" who were not acting on behalf of the ambulance
>company.
>Turner's death was at least the third at the track since 1997. The
>first two deaths occurred under a different operator. Davis, who also
>operates the Shad Pad motorcross track south of Marysville, took over
>in February 2007.
>E Street MX leases the land from the city of Marysville, which
>receives a portion of racing profits.
>Babich said it will take at least a year to resolve the lawsuit. No
>court hearing is scheduled, he said.