Three fans killed
Judge dismisses punitive damages in Michigan Speedway death
Posted: Thursday December 03, 1998 07:58 PM
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The Fox family contends Michigan Speedway was negligent when a July 26 crash caused a tire and other debris to fly into the stands during the U.S. 500 race killing three and injuring six Robert Laberge/Allsport |
ADRIAN, Michigan (AP) -- A judge has ruled that the estate of one of three fans killed while watching a race at the Michigan Speedway cannot seek punitive damages in a wrongful-death lawsuit.
Lenawee County Circuit Judge Timothy Pickard dismissed the punitive penalties portion of the lawsuit sought by the estate of Kenneth D. Fox of Lansing for gross negligence.
"As a matter of law, Michigan does not recognize claims for exemplary damage in negligence cases," Michigan Speedway attorney Steve Galbraith of Southfield told The Jackson Citizen Patriot.
Punitive damages generally are awarded in cases in which someone is intentionally harmed, he said.
Fox's estate is also seeking at least $1 million for expenses, pain and suffering and losses.
Lansing attorney James Groves, who represents the Fox family, was granted the option to amend the lawsuit to also seek $10 million under pain and suffering. Groves said he intends to do that.
Fox's family contends Michigan Speedway was negligent when a July 26 crash caused a tire and other debris to fly into the stands during the U.S. 500 race. Fox, 38, was killed, along with Michael Tautkus, 49, and Sheryl Laster, 40, both of Milan. Six others received minor injuries.
The wall was 4 feet high and topped with an 11-foot fence that angles over the track to deflect debris. Before the last race of the season in August, the speedway extended the fence by 4 feet to 15 feet.
The Tautkus family also filed a wrongful-death lawsuit against the speedway. The estate is seeking damages "in excess of $25,000," but not exemplary damages.
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