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Texas Motor Speedway, family go to court over injuries to boy in 2006 [Fort Worth Star-Telegram, Texas](Fort Worth Star-Telegram (TX) Via Acquire Media NewsEdge) Sep. 15--FORT WORTH -- The Flower Mound Volunteers baseball team was celebrating the end of the 2006 season at the Texas Motor Speedway. Ryan Davies, 11, was the first to drive the 500-pound Bandolero, a miniature race car, for 10 laps around the Lil' Texas Motor Speedway, a paved 1/5 -mile track designed for amateur adults and children as young as 8. His teammates took turns driving the car at speeds up to 70 mph while the rest tossed a football in one corner of the adjoining parking lot, where the young drivers were strapped into the car and started on their ride. As a teammate drove across the lot to enter the track, he lost control of the car. He narrowly missed a trailer and several parked cars before slamming into Ryan as his parents, brother, teammates and others watched. "It was a nightmare," said Chris Collins, a Fort Worth lawyer representing Ryan's family in a lawsuit against the speedway. "Ryan was a normal healthy kid with a bright future," Collins said. "A little while later, he leaves the speedway in a CareFlite helicopter with a traumatic brain injury and basically a quadriplegic." Doctors say Ryan will have to use a wheelchair for the rest of his life. The Davies family, TMS officials and the family of the boy who lost control of the Bandolero began a second week in court Monday. A jury will decide whether TMS should pay damages in the Oct. 20, 2006, crash. Collins said damages could run into the millions, including nearly $2 million in medical expenses that the Davies family has incurred. The speedway's main defense is that the Davieses and other parents signed releases that spelled out the risks and, thus, barred them from seeking damages. TMS attorneys also contend that the facility was safe. TMS filed a third-party action against the young driver who lost control of the car and his parents, Angela and Richard Kenyon. Speedway officials contend that they were responsible because they knew that their son had a "mental and-or emotional condition" that made him "incompetent" to drive the race car. The lawsuit Ryan's divorced parents, Karen Zina and William Davies, contend that the speedway is 100 percent responsible for the crash because officials there did not provide barricades, signs, a "kill-switch" on the car and proper instructions to prevent such an event. In addition to TMS, they initially sued five other businesses and five individuals connected to the speedway. The other parties have been dismissed from the suit. Collins said the Davies family did not initially sue the Kenyons because they believe that TMS is solely responsible for the incident. After TMS added the Kenyons to the suit, however, the Davies had to include them as well so they could collect damages if the jury found the Kenyons at least partly responsible for Ryan's injuries. Ryan, now 14, spent 10 months at Cook Children's Medical Center recovering from traumatic brain injuries that limit his physical mobility. His brain no longer sends the proper signals to his muscles, medical personnel testified. The brain injury also limits his mental capacity to that of a fourth-grader. Pediatric neurologist Warren Marks testified Monday that Ryan's capabilities have improved significantly with the help of several medications, including Botox. But Marks said Ryan will never live independently and will need help with basic daily tasks such as bathing, dressing and eating. On Monday afternoon, Baylor University economist Larry Gilbreath testified that the family is likely to incur an additional $9.2 million for medical needs, therapy and other assistance to support Ryan for the rest of his life. Gilbreath also estimated that Ryan will lose future earnings ranging from $578,250 to $898,319. The amount depends on whether he would have finished high school or college and the length of employment, which could range from 33 to 38 years. In addition, Collins said, the family is seeking damages for disfigurement, pain and suffering for Ryan and mental anguish for his parents and younger brother who witnessed the crash. Speedway attorney Randall Betty didn't dispute Ryan's injuries but questioned Marks extensively about the teen's treatment and the possibility of greater improvement by the time he is an adult. Other testimony In court last week, Rick Kenyon, who coached the Volunteers with Davies, testified that his son was diagnosed with "pervasive development disorder," a broad-spectrum disorder that doctors likened to mild forms of Asperger's syndrome or autism. A neuropsychologist and a counselor who evaluated and treated the boy said he had some problems with fine motor skills, academics and anger but nothing that restricted his activities, including athletics, in which he excelled. They said his disabilities would not have made him incompetent to drive the race car. Other testimony came from speedway employees, a safety expert, Ryan and his parents, and videotaped depositions from the 11-year-old driver and speedway General Manager Eddie Gossage. In an instructional video that was shown in court, Gossage described the Bandolero as "like a go-kart, only faster." He also advised young drivers to be careful because, unlike in a video game, they couldn't hit the reset button if they crashed. The trial continues this week in 348th District Court. Ryan was a normal healthy kid with a bright future." Chris Collins, lawyer representing the Davies family in its suit over Ryan Davies' injuries To see more of the Fort Worth Star-Telegram, or to subscribe to the newspaper, go to http://www.dfw.com. Copyright (c) 2009, Fort Worth Star-Telegram, Texas Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |