Whitt v. Ocala Speedway
Jan 01, 2003OUTCOME: Policy Limits Settlement of $1,000,000
Mr. Whitt, who admitted he had been drinking alcohol at the time of the incident, was rendered a paraplegic when he fell through the bleachers and to the ground at the Ocala Speedway. The original at ... torney who took his claim took no action, believing it was too difficult of a case to pursue because Mr. Whitt had been under the influence of alcohol at the time of the incident. However, after being hired I visited the scene of the accident--a must in a premises liability case--and saw first hand how dangerous the bleachers were due to the small size of the sitting/walking surfaces and the large gaps between those surfaces. After filing suit and vigoriously pursuing liability discovery, a recovery for the full insurance policy limits of $1,000,000 was made on behalf of Mr. Whitt. Also important in assessing liability was the fact the speedway served alcoholic beverages to earn a profit and knew that its customers were particularly susceptible to dangerous conditions on the premises because they would drink alcoholic beverages at the races. This case resolution received recognition through the American Association for Justice (formerly the Association of Trial Lawyers of America) through publication in the Law Reporter. The case report can be found in Volume 46, Number 10, page 346 of the Law Reporter and was published in December 2003.
