The Sports Car Racing Association of the Monterey Peninsula, stewards of Mazda Raceway Laguna Seca, and Mazda, sponsor of the circuit for the last 17 years, have been vindicated in a lawsuit filed by a motorcycle rider who was hurt in a 2015 crash.
San Francisco’s Daniel Kim, who suffered injuries at Turn 5 during a track rental day operated by the Keigwins at the Track group, filed suit against SCRAMP and Mazda after he hit sandbags that were used to mark the track limits.
Kim’s lawsuit, which alleged the use of sandbags was “grossly negligent” and implemented with “reckless placement,” was thrown out by Monterey County Superior Court Judge Thomas Wills, according to the nearby Carmel Pine Cone newspaper.
Kim, like every amateur rider, signed a waiver that assumed all risks before taking part in the Keigwins event, which was highlighted by Judge Wills in his findings.
“The act of placing the sandbags was intended to reduce the risk of injury to an activity which carries with it inherent risk of injury to the participants,” he said.
SCRAMP was pleased to learn of the lawsuit’s outcome.
“By expressly assuming the risk of highspeed motorcycle racing, Kim essentially waived his right to sue SCRAMP, the county and Mazda for general negligence,” SCRAMP attorney Andy Swartz told The Pine Cone. “Therefore, [Kim’s attorney] had to concoct a theory.”
Although the waiver absolved the track and Mazda from liability for his accident, the judge has allowed Kim’s lawsuit against Keigwins to go forward in May.