Burg Simpson Eldredge Hersh & Jardine, P.C., has filed a lawsuit on behalf of the family of a 9-year-old girl from Aurora, Colorado, who was involved in a deadly collision at the Grand Junction Motor Speedway during a kart-racing event on August 15, 2010.
Taybor Lee Duncan was killed when the racing go-kart she was driving crashed into a recovery vehicle, which the plaintiffs claim “recklessly entered the track in front of Taybor Duncan’s kart.”
The lawsuit, which names the International Kart Federation, the Colorado Junior Karting Club LLC and the Grand Junction Motor Speedway as defendants, identifies numerous “safety failures.” Among them was a “failure of race officials and organizers to have or use available flaggers, failure to have and provide proper communications, failure to have and abide by proper and necessary rules and regulations, failure to warn racers, and the failure to have the required medical personnel and equipment present trackside, among others.”
The lawsuit alleges a number of claims, including gross negligence, recklessness, and willful and wanton conduct, causing death.
“Kart racing is one of the fastest-growing sports for kids in the United States, with racing divisions and classes for persons as young as five years old,” said Michael S. Burg, the attorney for the family. “Taybor was a talented, and promising young kart driver who dreamed of becoming the next Danica Patrick. While any sport has inherent risks, the risk of colliding with a recovery vehicle that had, without warning, driven onto a track during a racing competition event for junior racers was not a risk of kart racing that was disclosed or accepted by Taybor Duncan or her parents. Under NO circumstances should rescue vehicles drive out onto the circuit when karts are racing on the track. This is no different than say, a hockey game, where players at all levels expect to fall, slide into the boards, or be body checked by other players.”
He added that “what you don’t expect is to be run over by the Zamboni machine during the game. The International Kart Federation, track operators, karting clubs, and event organizers across the country have a duty to ensure that necessary safety regulations and controls are in place. Young kart drivers should have the same or better safety rules and regulations as professional racers. Quite simply, they don’t, and in Taybor’s case, the defendants’ failures resulted in tragic consequences.”
The case, which has been filed in the Douglas County District Court, State of Colorado, is captioned Duncan v. International Kart Federation, et al., Case Number 2011 CV 378.
