Mother of spectator killed in California 200 race files lawsuit
The mother of a spectator killed in the California 200 desert race has filed a wrongful death lawsuit against the promoter and off-roader whose truck careened into a crowd in Lucerne Valley, killing eight.
Doris S. Levinson’s son, Andrew W. Therrien, of Riverside, died in the deadly crash after pushing his 3 1/2-year-old daughter to safety and out of the path of the modified Ford Ranger.
The legal action accuses race promoter Mojave Desert Racing of South El Monte of negligence for allowing spectator viewing areas along the racecourse that were "unreasonably dangerous."
The off-road racer who crashed, Brett M. Sloppy, of San Marcos, also was named in the suit filed last week in Los Angeles County Superior Court.
In the lawsuit, Levinson’s attorneys said they also expect to sue the Bureau of Land Management, which granted a permit for the California 200 night race on federal desert land. Levinson already has filed an administrative claim against the federal agency.
Eight spectators were killed and 10 seriously injured when Sloppy lost control of his Ford Ranger pickup in August after going airborne on a hill known as the "rock pile," where hundreds of fans had gathered to watch the race.
The truck rolled into the crowd, which had crept to within a few feet of the track, just minutes after the race began. Witnesses and video of the race, one of more than 130 such events held annually on BLM-controlled land in the California desert, showed that Mojave Desert Racing failed to adhere to a requirement in its BLM permit to keep spectators 50 feet away from vehicles.
California Highway Patrol investigators said the truck came to rest less than 10 feet from the racecourse. The driver will not face charges related to the crash because it occurred during a "sanctioned" sporting event permitted by the BLM and did not involve public roadways, CHP officials have said.
However, the CHP is continuing its investigation and could ultimately hand over the agency's findings to local prosecutors, the state attorney general's office or the U.S. attorney's office.
RELATED:
Photos: Eight die when California 200 racer loses control
U.S. agency suspends off-road events organized by promoter of deadly race
Federal agency failed to properly monitor off-road race that killed 8, report says
-- Phil Willon in Riverside
Photo: An overturned off-road race truck is uprighted after it went out of control in August, striking a crowd of spectators. Credit: Francis Specker / Associated Press
EDITOR'S PICKS:
Sorry for your loss, but sueing is not going to bring him back....
Posted by: westsidejesse | January 04, 2011 at 11:34 AM
it was permitted and really its sad but...who told them to stand that close to the track anyways. If anything they need to have some type of barrier and have people stand 5feet back from that.
Posted by: charles | January 04, 2011 at 12:26 PM
Mother shouldh't get anything. His daughter and wife should since they are out his support.
Posted by: uncle_vito | January 04, 2011 at 12:45 PM
Why is she naming the driver in the lawsuit? That is stupid. Why doesn't she also name her deceased son in the lawsuit also since her son was so stupid to be so close to the course.
Posted by: Tornadoes28 | January 04, 2011 at 12:52 PM
This was a tragic accident, and my sympathies go out to the families of those who were lost. The promoter should definitely have taken steps to ensure spectator safety by making them stay farther from the racetrack. But the spectators should also recognize that they shouldn't watch from places where the vehicles could lose control. Common sense says that it isn't safe to stand 10 feet from a racetrack during a race. Even if the BLM isn't held liable in the lawsuit, the off-road community as a whole will probably suffer as races are eliminated and recreational areas are further restricted.
Posted by: ford_fan | January 04, 2011 at 02:02 PM
this is just another example of a tragic ACCIDENT and someone trying to get rich of it. Did you have the bright idea that you were standing too close before or after the kid got trucked? thats like suing the zoo because you reached your hand in to pet the croc and you got bit. thanks to this chick theyre shutting down the baja and jeepspeed and mojave desert racing.
Posted by: josh | January 04, 2011 at 03:46 PM
You would think that the spectator would have enough common sense to watch from a distance. Of course there are going to be crashes at a car race. That is why so many people go and watch, to see the crashes.
Posted by: robert green | January 04, 2011 at 04:07 PM
If I go to this kind of event I expect to be told where to stay safe. The Bureau of Land Management failed to do so, but I wouldn't sue the organizer.
Posted by: Claudio | January 04, 2011 at 06:04 PM
I am sorry for the families loss, but suing the organization, BLM, and the driver is pretty stupid. It's an OFF-ROAD race, it was an ACCIDENT to start with. Like everyone said...it's common sense not to stand that close to a RACE COURSE...Marked or not, people need to be smart.
Uhhhh let me sue the organizers because my son decided to risk his and his daughters life by standing next to the race course were trucks are barreling by. Yeah since it's directly their fault that an accident happened during an OFF-ROAD RACE in the middle of the DESSERT!!
Posted by: SiR | January 04, 2011 at 08:45 PM
common sense people, common sense.
Posted by: Kawika | January 05, 2011 at 12:27 AM
if anything it should be a lawsuit for the orginization to adhere to it's 50 ft. minimum viewing range, not for money.
Posted by: guy | January 06, 2011 at 09:04 AM
really any offroad event should be inside a building or a closed racetrack , none of the natural setting, because anyone can be stand on the roadway.
this woman who is suing obviously doesnt know this, she'll get nothing the ones making bank are the lawyers. even if you had 24 hour security it still would be difficult to maintain such a long track someone will always sneak in.
using common sense is the key here, the SON didnt exercised it, he fault nobody elses. dont try to make a bucks or profit from it. accident happens all the time!
Posted by: ARCADIAN | January 06, 2011 at 10:13 AM
Not to be rude or uncompassionate but if he wasn’t standing right next to the coarse with his 3 1/2 year old daughter with off-road trucks speeding by at 100+ MPH maybe this wound not have happened...Come on people when is someone going to take responsibility for their own actions.
Posted by: Mr Moto | January 06, 2011 at 12:07 PM
Very tragic, ... Anyone who has gone to an offroad race knows well enough to keep your distance. Trying to battle a 2700lb piece of flying metal knows the chunk of metal will win. Greed is the main goal here. Nothing more. How much money can I get??? Everyone knew it was a matter of time before the lawyers got involved. No matter how much money she will get wont bring them back. You dont think the driver thinks about what happened every waking moment? He has his punishment if that is what she is trying to do. VERY VERY SAD.
Posted by: Chevy1 | January 25, 2011 at 04:23 PM
Even before I was part of the off-road community and a racing team I knew I was responsible to be aware of my surroundings no matter what situation I was in. Whether it be in the desert, camping and riding in the woods of Northern California or on the beaches of Pismo, you have be smart enough to pay attention. I would no sooner go and stand on the side of the freeway than I would on a racecourse, dirt or asphalt. To think as vehicles went by me that it was okay to stand within feet of the course. People keep saying the course wasn't blocked, well in that area it was originally caution taped off and had posted signs regarding the race and race course and they were taken down by spectators, but I am not going to get into that. A dozen vehicles went through the rock pile before Brett. Why didn't these people move when the first vehicle went through? Especially when there were plenty of other fans from further back telling those fans they were too close and to move back and away from the course. They had a choice and they chose to stand in an area they knew was not the safest. Don't read me the line of the BLM didn't police the area, there was no barrier, MDR didn't have enough volunteers, etc. The people who lost their lives or were injured were all adults. It makes me so frustrated when no one wants to take responsibility for their own actions. It's always someone else's fault whether they participated in the action that unfortunately has this kind of consequence. If you're going to sue, don't sue for money, sue to enact a policy or solution. The mother while hurting does not deserve a penny. Perhaps a fund for the children they left behind, but a mother should not be able to sue for what happened to her adult son when he chose to willing put himself into unnecessary danger.
Posted by: Sad and Frustrated | February 11, 2011 at 02:43 PM
I understand why the family is sueing MDR and the bureau of land management, but why the driver it is considered an accident. I feel so sorry for the families that are involved in this situation but direct your anger at the right people meaning leave the driver out of the sitution. You can't control an accident and believe me if we could this would have never happened. Its a case of being in the wrong place at the wrong time.
Posted by: sam | April 08, 2011 at 07:44 AM