(Photo by CompetitionPlus.com) – Former NMCA racer Barbara Nesbitt is suing a host of people in conjunction with injuries she sustained during a 2010 incident at zMax Raceway. In the incident, the driveshaft in her car broke, entered the cockpit and caused her severe trauma in the arm and upper body area. In her suit, Nesbitt is arguing that her car did not have a “drivetrain cover” as specified by the rules of the class. She is suing the NMCA who put on the race, the NHRA apparently because their rules didn’t have this requirement in them, ProMedia (owners of NMCA), Skinny Kid Race Cars who built her car, and a person listed as “NHRA employee” Ted Peters. We suspect that Peters was the tech inspector who looked at and signed off on the car as being ready to race. She is arguing that her car was not ready for racing and was not safe due to the lack of a “drivetrain cover”. This is a case that could have obvious implications for drag strips across the country. It would open them up to lots of litigation based on the rules cars race under and the inspections performed by their employees.
We can remember when this incident happened back in 2010 and we also remember a fantastic piece of reporting that CompetitionPlus.com did on the whole scene. (READ THE COMPETITIONPLUS PIECE BY CLICKING HERE) The piece on CompPlus details what happened, who responded, and how the whole situation unfolded. There are some very interesting quotes in that story from the first people who made it to the car. One quote in particular from Chuck Demory stands out to us. Here it is:
“[Nostalgia Pro Street] It’s pretty close to the Top Sportsman NHRA safety rules,” Demory said. “They [NMCA tech] go over the cars pretty well. You have to have a front hoop and back hoop; so that if it does get loose hopefully it stays contained in the two hoops. It doesn’t require a tunnel like in Pro Stock. Maybe they should look at that. That’s not an expensive item to put in a car.”
Demory was racing in the same class as Nesbitt at that time and we can assume that he was pretty familiar with the rules. Could a change have been made after the accident with Nesbitt? Sure. If we believe Demory’s quote above, a protective tunnel was not mandatory equipment at the time of this incident.
We’re sure you have some strong feelings on this. Is Nesbitt right to file this suit? Will it have a big effect on drag racing going forward? Was the tunnel mandatory at the time as she asserts or was it not mandatory as Demory says in the CompPlus story?
Thanks to Mark for the tip.
Why wouldn’t this be “assumption of the risk?”
Nesbitt claims to be an experienced racer. Thus, she ought to know both the risks and what’s required to race. She brought the car to the track (that doesn’t really help Skinny Kid much, though, if they sent her with a “defective” car) The car is not an ordinary consumer product, but a custom-built machine for an extreme, inherently dangerous sport. She presented the car for inspection, representing that it was a class-legal car (i.e. in compliance with all the rules). Undoubtedly, she signed a liability release when she arrived at Z-Max. Every part on the car probably was sold with a warranty disclaimer.
Certainly, these kinds of lawsuits will drive up the costs of racing and hurt the “little guys” trying to make a buck supplying services and venues for the sport we love.
75 duster,not only will it drive up costs,ur gonna need to bring a lawyer with you to sign the release
I’m sorry, but what the heck are you doing in a race car if you don’t already have the understanding there is potential for injury? Stay home and play checkers!!!! Good old sue happy people!!!! It is a shame that she was injured. She wasn’t the first one, and won’t be the last one! Sorry for the rant, but people need to get a clue!
Her health insurance (if she has any) probably isn’t covering the rehab of her injuries so she is going after someone to help pay her bills. I bet she would have raised hell with the inspector had he not allowed her to race.
This is typical of the “not my fault” society we now live in. I’m surprised she’s not suing Zmax, Bruton Smith for building the track, Wally Parks’ estate for creating the NHRA and GM for designing the 1969 Camaro!
The ’69 Camaro really hurts my eyes . . . do you think I can sue “Government Motors” for damages?
Actually its the fault of CAR CRAFT and HOT ROD for putting so many Camaros on the cover, attracting people to race these “inherently defective” products . . . .
Im not sure there was any actual 69 camaro in that car…
I’m with you on this one Speedy, if she was a experianced race car driver, shouldn’t she know her race car inside and out? Also she signed a insurance liability release when she entered the track to race.
She chose to race the car, she knew the risks involved, it is no different than people involved with other potentially dangerous sports such as sky diving, bungie jumping, scuba diving. When I race at the track and sign the liability insurance forms I know I’m taking a chance when I go down that track.
Lawsuits do nothing good for drag racing. If the car was not safe to race, it’s the fault of the owner and driver. Unfortunately blaming someone else for your own negligence is far too common these days.
1. NHRA added driveshaft tunnels as a requirement for T/S in the 2011 rulebook
2. assumption of risk – NHRA rulebook specifically makes teh racer responsible for their own safety and that their car is in compliance with rules – READ the RULEBOOK
3. freak accidents happen all the time – nobody wants the racer to get hurt, and everything possible is done to assure a safe track/car through preparation and inspections, but to blame Ted Peters or the sanctioning body for the accident is like blaming the umpire, the ballpark, and MLB you got a sliver from your bat…
Meanwhile, everyone she’s suing probably has her signature on a document that states that they are free of any and all liability.
Also, I agree 100% with Speedy, nitroratrod, Turbo Regal, 75Duster, and Mrocketscience.
maybe she just did not disclose to her insurance company that she was a race car driver. I know it makes a difference on your premium on life insurance policies. This is why nhra drag racing is so screwed up. they get sued for everything while these same people are probably whining to tech that they should let them race at the event.
Her ignorance of believing she might be injured in a full out race car is a big reason why men have attitudes towards women drivers.
Shades of the past – remember Lori Johns lawsuit?
Did they force her into the car at gunpoint? She probably was racing on her own free will.Why would she sue? The implications this could have on all types of recing at smaller tracks is disasterious. I could put an end to what i call hobby stock racing classes that have light rules and restrictions.
nitroratrod says it all well written, 75Duster also says it well, Mrocketscience well written, I’d hate to think that anotheridiot would have issues with me (also a woman driver) just because another woman is sueing everyone. If she was suppose to have more then she had then she should not have been allowed to race the car that is a FACT. Too many tracks I have been to don’t check crap nor dothey know what they should and there are a ton of rules of must haves and dos that tech guys dont know or think they know and are wrong. HOWEVER… shit happens and in a car like hers you better know it happens faster then in powder puff class, its the chance YOU as the driver are up for or stay the hell out of a race car like that. I’m sorry she got hurt, none of us that are not or have not been in that kind of situation know what she is dealing with but this is one of lifes curves that she now will have to deal with not hurt the sport or sue everyone that crosses her lips. Also enough of a rant for me. just my 2 cents from another female racer
wow, that’s really bad to hear… i remember this accident well, i was surprised she survived it at the time. it’s a shame that she got convinced by her obvious money hungry ambulance chaser lawyers to sue, as i’m sure is the case… when people are put into dire financial straits, looking at hundreds of thousands if not millions of dollars in medical bills that their insurance will not cover, they’re looking at a strong possibility of losing their home, and everything else they own… and a lawyer knows that they are easily convinced in their emotional state, to accept the idea of suing parties that they would normally never even think of suing… this is really bad for everyone in racing, i hope she reconsiders… i drive in the lowly slow Street bracket class, and i’ve got multiple driveshaft loops that aren’t even required… it’s up to the racer to be responsible for their own safety, no one else… if you can’t be responsible for your own ass, then don’t blame it on anyone else
SHE MUST BE RELATED THE THE WOMAN WHO SUED MCDONALDS FOR THE COFFE BURING HER CROTCH!!!!!!!!!!!!!!!!!!!!!!!!!!
@ANOTHERIDIOT
I am a woman racer car driver and take offense to your comment. Being a mostly male sport I’m sure she is surrounded by men that tune her car and crew her car and everything else and pretty positive she wasn’t the only person who made this big decision to go sue everyone. I am very sorry she got hurt but we ALL know men and women that racing is dangerous if it wasn’t we wouldn’t have to sign a wavier every time we go thru a gate at a race track, lots of times again in the staging lane and then again on the tech card. All she is doing is making problems for the rest of the racing community in all aspects and it is a shame. As someone above stated if she didn’t feel her car had enough safety equipment she shouldn’t been driving it and most certainly would have been having a fit if a tech guy would of said it wasn’t legal as all of us would do after we drove somewhere to race and then a tech is “teching us to death” to say “Oh u can’t race”
How is this any ones fault but her and her team. She made the choice to put her life at risk when she put her fire suit on. This is why america is the way we are. Cause they let people like this get away with some of the dumbest shit.
HIGH 5’s Extreamsdime
I wonder if she had any mechanical background. If I got in a race car and could touch the drive shaft, I would have second thoughts for sure. Weird shit happens with race cars and you have to assume the risk or don’t do it. I stopped high diving off cliffs because of the inherent dangers.
Just to clear up one point in the article. I’m Ted Peters and I’m being sued because I did a chassis inspection on the car. As most of you know, the drive train and drive train components are not part of the chassis inspection. I can’t go into to much detail but I can say that as a chassis inspector I love what I do and it’s unfortunate that I have to deal with something like this. Leagally I’m covered but it’s sad that it has come to this.
Bummer, Dude.
Even if “driveshaft containment” (or whatever else the pirates’ “hired gun” experts speculate caused the problem) wasn’t on your inspection list, don’t be surprised if they attack by asking whether or not you incidentally noticed whatever “bad thing” they think Nesbitt should have been protected from by everyone from the ticket taker at the pit gate to the sanctioning body president.
Or if they try to obtain criticism of the rules package or inspection procedures (“little guy” employees are often sued so that they’ll “roll over” on their employers to save their own skins — Typical “pirate law” tactic)
I’m sure your lawyers don’t want you discussing any of this in public fora, though.
Her car looks surprisingly similar to a car driven and wrecked by Ellen Pavao in 2007. If it is the same car, was it repaired properly. Just a thought. Sue happy people are what have gotten this country, not only Drag Racing, in the state its in.
Its not the same car as Ellen’s car…. Ellen’s is a 67 or a 68 model…
Who was it that Connie Kallitta sued when his son Scott was killed in his funny car? …..Oh now I remember it was nobody.
Either the Trans locked up or the rear end locked up. Had this happen to me several times, The damage is terrible… How ever mine was contained in the drive shaft tube… Why would anyone even get into a car with no drive line protection on it? But to sue over it? I have had several major wrects with broken legs and assorted injuries, but to sue? Its not done. Its the chance you take and if you destroy a $150,000 race car… When you get out of the hospital, you build a new car… Thats the way it works. Having been a track owner I have been sued by various amature racers…. The law says when you don the uniform (firesuit) and get in the car and strap in, You assume and acknowledge that it is a dangerous sport and assume all Libility for your self and your equipment.
Who did Darrell Gwynn sue? I watch drag racing and am a big fan. I currently participate in autocross, It’s about a 60/40 split of men and women and some of the women are top drivers in our club. We all sign waivers before we race and no one would consider suing over an accident. I raced 4 wheel drives on closed courses for over 20 years, been upside down and same scenario, would never consider suing anybody. We chose to participate of our own free will and are well aware of the inherent danger of getting into a race car. Sometimes racers are injured through no fault of their own, sometimes it’s their own stupidity. Either way the fastest way to create a problem is to talk to a lawyer, they’re nothing but vultures in a 800 dollar suit.This is a bad precedent for all of racing.
i say that she should be suing herself and teammates and nobody else. she knew the conditions of racing when she got behind the wheel, knew that the driveshaft was not covered and decided to run the car anyways. her crew knew the same thing. if having the driveshaft exposed isnt the smartest thing, why did they choose to run the car? blaming organizations and people for your own personal lack of common sense and suing for it is failure to accept responsibility for your actions.
like what has been mentioned above, a waiver is signed when you race for the obvious reasons.
Anything that moves is potentially dangerous.Action like this will ruin the sport especially for sportsman racers. You must assume the responsibility when you get in the car. She was well aware of the possible dangers. Nothing is completely safe.
Nobody wants to see anyone get hurt while racing. The ownership issue belongs to the car owner/s and no one else. Read your rulebook. You are responsible for your own safety. Take charge yourself and make sure things are done right. Use common sense!
Good Christ, another “Lawsuit Lorrie” (Johns). No, she is wrong to sue. It’s racing. There are risks associated with many things we as ADULTS praticipate in. ADULTS weigh the risk and decide whether or not they are comfortable assuming them. Nothing prevented her or her team from adding safety measures above and beyond what NHRA required. Nothing. She is a selfish loser. You knew the risks, lady, and if you didn’t, the ADULT responsible for your behavior should have and prevented you from racing. Sorry. Assed. Loser.
This is racing! A Sport with inherent risks! And every Racer knows (or should Know) that when the strap themselves into their RACE car they may not get out alive, let alone without injury. To say that someone else is at fault for your own inability, to know if Your Race Car is safe or not. Tells me that they should not be driving at all. I have been involved with drag racing for over thirty years. We have built our fair share of Drag Race Vehicles. Safety is our number one effort. With that said we still do not have a CRYSTAL BALL. Motorsports of any kind is dangerous. And of all them Drag Racing still is the safest of most! If we as drivers want to place our complete Safety in someone else’s hands then maybe we should find a new hobby. Like Bingo! To all the accused NOT GIULTY!
ouch! first responder to the scene
http://www.competitionplus.com/drag-racing/news/15135-first-responder-to-nesbitt-car-i-had-no-idea-what-htranspired
I guess she is not a true racer, she obviously does’nt know the risk involved. She is probably married to a lawyer. My door car only has a 4 cylinder in it and I have a full balistic driveshaft tunnel. No one had to ask me to put it in, I did it on my own so I would never be in that position.
SORRY SHE GOT HURT, JUST REALIZE THAT YOU CAN NOT TAKE AWAY FROM RULES, BUT YOU CAN ALWAYS ADD TO RULES TO MAKE IT SAFER AND SAFER. THE LACK ON ANYONE’S PART REGARDLESS OF WHO IT MIGHT BE, YOU ARE TOTALLY RESPONSIBLE FOR YOURSELF. EVERYONE’S RIGHT ON IN THE STATEMENTS GIVEN EXCEPT THE ONE ABOUT THE SEXES. GO RACE YOUR BRAINS OUT, LOVE IT AND BE AS SAFE AS YOU CAN. just my thoughts!
Wow. Barbara is an idiot. So it is nmca, nhra, and everyone elses fault she cant read a rulebook. It is her responsibility to ensure her car is safe. Who built her driveshaft? Hope she gets blackballed from every track
Straight from the 2012 NHRA rulebook (pg vi):
“It is essential for every participant to understand this fundamental rule of drag racing: Prime responsibility for the safe condition and operation of a vehicle in competition rests with the vehicle owner, driver, and crewmembers. The track operator’s main concern is to provide a place to conduct events. NHRA produces guidelines based on experience and circulates information to help perpetuate the sport. Close observance of the standards set forth in this Ruleboook is required for all participants, including owners, drivers, and crewmembers. However, drag racing is dangerous. Therefore, no express or implied warranty of safety is created from publication of or compliance with NHRA rules, nor does compliance with NHRA rules guarantee against injury or death to participants, spectators, or others.”
Let me get this right. She brought a car to the race that she knew was not legal for her class, hoping to “sneak” it through tech. So, her car actually made it through tech, and when an ancillary part broke causing her to be injured because of the absence of a required safety feature–that she knew was not in place, she feels that the someone else is responsible for her skirting the requirments of her class rules.
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We have raced in the NMCA series for years. There have been many accidents this year in which more than a few cars were completly total. With that said, it’s a team owners responsibility to ensure their race car meets all rules and specifications. If you want to provide NMCA and NHRA to have that responsibility, then we must go to a format where we purchase cars for racing. NMCA would provide cars for us to race. Now assuming the risk of many NMCA classes like PRO, Super Street, which had many accidents this year, they would remove this class because the risk does not out way the gain.
Also, there are insuraces that racers can buy for extra protection and knowing the Nesbits, the certainly have the financial capability to ensure total protection. We bought extra insurance and driver liability insurance for this same reason. Cost me 10K to protect my car and program, but I did not expect anyone else to ensure saftey and loss.
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