06-09-2009, 12:32 PM
The CGT case settled. Even Porsche paid, although a relatively small amount compared to the track, the Ferrari Club which sponsored the event and, I believe, the flaggers. The decedent was a young man with an astounding earning capacity (he was riding in the CGT with a view toward buying it) and,as is always true, the plaintiff's lawyer had come up with viable negligence theories against all of the defendants. These theories could have been rejected by the jury but that would have been highly uncertain. The big issue for us was whether the release would hold up but I recall that California law was significantly weaker than Pennsylvania's in this area and that would have gone to the jury as well. The plaintiff's lawyer was not a Ralph Nader type but was actually an SCCA racer who had a good understanding of the issues. I gather that he did not go for the brass ring or the case might not have settled.