Road Race Death Witness...Get Involved?

I would suggest contacting the store owner and the Paramedics to see if they beleive you have worthwhile input. I am sure that their lawyers would like to know what you have to bring to the table. Don't let this unfortunate incident allow a money grubbing/blame shifting family to ruin a local business and the reputations of those who try their damndest to save lives every day!! This is completely shameful!

That's rough business. You have to obviously pain for the family, as I'm sure the lawsuit is a result of their grief. As you said, the waiver shouldn't let everyone off the hook, but should it not remove the liability from the race directors/running store? You can sue anyone these days. Although you have good intentions, do you think your testimony would make a difference?

They loved their father soooo much. Their love is worth $someamount$.

FUCK them. He died of natural causes while doing a natural thing. NO ONE actual DID anything that contributed to his death. He chose to run down the road on a warm day. End of story. Do whatever is within your power to stop those greedy bastards.

The American judicial system at its finest. The very idea that this case is even happening boggles my mind. What the hell is wrong with people? Oh, I almost forgot. That well-engrained concept of taking what you can from who you can get it from coupled with that all-american tradition of refusing accountability for one's actions. There should be far stricter enforcement and punishment for people bringing frivolous lawsuits. Both for the people and the lawyers. I saw today that some lady had filed a class action lawsuit against Janet Jackson, CBS, Viacom, etc. for billions of dollars in damages. F'ing ridiculous. Fortunately, it got dropped today.

Anyways, that situation just sucks. Getting involved is a tough call. It is definitely honorable and a great moral thing to do. I guess I would always be leery of getting involved in lawsuits unless absolutely necessary. Just afraid of getting sued by some other jackass.

I agree with you that it sucks, but it's not the fault of the judicial system. They provide the opportunity for you to sue somebody should the need arise, and they also try to week out the frivolous lawsuits such as this clearly is. It's sad that the gentleman died, but he should have read that waiver clearly. Like said earlier, it's not like anybody did anything to cause this fella to die. He should've laid off the bacon and saw a doctor before racing. If my family did something like this, I'd come back and haunt the shit out of them!

One day a number of years ago I was skiing at Vail and came across a man sprawled out on the snow motionless. I stopped to check him out and found him without pulse or ventilation. As a medical resident at the time, I knew to recruit some help and administer CPR. It was 15 below zero and it took 30 min for the ski patrol to show up with a defibrillator. By then his core body temp was probably well below 90 and failed in numerous attempts to restore a normal sinus rythm. It was before the good samaritan laws protecting physicians in these situations. His wife sued me for wrongful death. She lost but ever since, y'all been on your own suckers.

Really sad when people try to take advantge of the kindness of someone. I am sorry to hear that you got such a bumm deal from trying to help a person out.

Most importantly, did he finish and if so, what was his time?

4rnnr007 wrote:

One day a number of years ago I was skiing at Vail and came across a man sprawled out on the snow motionless. I stopped to check him out and found him without pulse or ventilation. As a medical resident at the time, I knew to recruit some help and administer CPR. It was 15 below zero and it took 30 min for the ski patrol to show up with a defibrillator. By then his core body temp was probably well below 90 and failed in numerous attempts to restore a normal sinus rythm. It was before the good samaritan laws protecting physicians in these situations. His wife sued me for wrongful death. She lost but ever since, y'all been on your own suckers.

whoah. what was her case? that's absurd.

Not sure of time, but I beat him.

Family claimed he had recent, clean bill of health.

Let me also make clear that if I thought I could have helped, I would have, liability was not my own concern and never would be if I thought it was the right thing to do. It was one of those situations where a crowd of non-contributors was gathering when this guy at the very least needed some cool air if not an immediate ice bath, and someone that knew more than basic CPR.

My selfish interest is to preserve liberal environment in which local road racing exists. If this store survives lawsuit, why would he want to deal with this again? When I was young, every other hill in New England had a rope tow or better. Liability closed them all down, and killed family run ski businesses, which is a shame.

I do feel bad if this guy actually consulted physician, had a resonable training plan which included this unchallenging, flat, 5K on what would have normally been a pleasant evening. There are so many people who truly have no business running other races and even marathons, but are encouraged by other fat asses, one-timers and penguins.

absolutely do as the first poster suggested. Contact the store owners and their lawyers. End this nonsense.

asdfasdfasdfas wrote:

whoah. what was her case? that's absurd.

Her case was called deep pockets, ie my $2 mln malpractice insurance. When a doctor is involved they set they bar pretty high, often at a perfect outcome. Most states have adopted good samaritam laws to prevent frivolous malpractice cases like this but still, I can tell you that most docs have second thoughts about engaging in 'field medicine' outside of the scope of the ordinary medical practice setting.

Let's talk tort reform. These cases point out how we all pay for your privilege to file frivolous malpractice cases. OBGs and neurosurgeons in many states pay six figures in malpractice premiums. Are they all really that bad? Guess who these costs get passed on to. When you pay your $30 to register for a road race, how much of that goes to cover the organizer's liability insurance?

There used to be a great race here in CO every summer, the 13 mi road up to the summit of 14K ft Mt. Evans. The registration fees kept going up and up until the race was finally discontinued b/c the organizers could no longer find a liability insurer. Waivers are nice but really don't mean squat in a court of law. It's too bad that trial lawyers (and their legislative brethren) have so victimized us all.

You need a pro to clean this up for you.

I agree with the need for tort reform, and I think it stinks you got sued ... but it\'s still your responsibility as a human being to help save someone if you have the skills, liability risk or not.

Great, some greedy ass decides to sue, maybe a bleeding heart jury awards some money and all the small races in America, especially the ones with a $2 entry fee and no waivers, shut down out of liability concerns. All the big race fees go up $10 to pay for insurance and a million medical personnel.

Hell yea, get involved, say that the paramedics got there as quick as possible and made every effort to save the guy. Contrary to popular opinion this is a dangerous sport, and is the most dangerous to newcomers and those who ain't in shape. Even top guys sometimes need IV's after races in hot weather.

The paramedics should have a portable de-fibulator. Not having such a device, especially at an event such as this, is negligent. The event director is likewise responsible. Such lawsuits are not frivalous. They ensure that next time the proper considerations will be made for the paying participants. I would certainly sue if a family member died in a marathon from simple dehydration because the med tent was not prepared to provide IV and/or they ran out of water at mile 10. Not all lawsuits are a result of greed.

Even if it is wildly obvious that you would be running in a race with no such medical tent or ambulence at the finish line? Are you also saying that any copetitive gathering of distance runners requires an ambulence and medical tent. If so, you are an idiot. However, I will allow that we have many laws, requirements and warnings to protect idiots.

the biggest thing that needs to be done in courts is to set a cap on jury awards in med-malpractice cases. its sad that here in philadelphia doctors are leaving town at an alarming rate b/c of malpractice insurance costs. on a daily basis you can read in the paper about an abusrd jury award stemming from med-mal practice.

lawyers pick the dumbest and most sheltered jurors they can find. the argument is easy, "poor dave had XYZ happen to him in the hospital. he is in pain. he is broke. he needs millions. the big bad insurance company has billions, give dave some $$." jurors think insurance company = evil, and they give dave millions of $$.

i work in the insurance industry, and there are changes that need to be made (in washington) to the laws to govern jury awards. if not, there will be no more doctors (at least in philly).

eventually, emergency med centers are gonna be closing and the next closest one to your house will be 15 minute drive instead of 5 minutes. when your loved one dies in the car ride to the hospital across town, when there used to be one across the street, then people might open their eyes.... or they'll just find someone to sue. it's a real shame.