May 20, 2013

NASCAR: No lame duck, Harvick, RCR team taking title shot

0e99455198a8b45891462b995b87764c NASCAR: No lame duck, Harvick, RCR team taking title shot
, center, , left, and owner Richard Childress, conferring at in February, enjoyed their of 2013 at Richmond.(Photo: Sam Greenwood, Getty Images)

Story Highlights

Kevin Harvick cut down talk of a season with ’s win at Richmond
Harvick is leaving Richard Childress for Stewart- Racing next season
Gil Martin admitted questionable pit strategies had hampered Harvick

(PhatzRadio / ) — RICHMOND, Va. — Kevin Harvick and his No. 29 team spent much of the preseason insisting there would be no performance drop in 2013 despite Harvick’s impending departure for Stewart- Racing.

Harvick, crew chief Gil Martin and Richard Childress all said the driver’s plans to leave shouldn’t affect the team’s on-track outlook. Professionals, they said, can put any such thoughts aside and focus on their jobs.

But eight races into the season, things weren’t going very well. It seemed as if there was some merit to the lame duck talk after all.

Funny how winning changes everything.

Harvick’s late-race surge to victory at Richmond suddenly improved the outlook for what had been a disappointing and frustrating season. With one stellar restart, Harvick not only got himself into the top 10 in points for the first time all year but also earned a key win that could count toward the Chase for the if needed.

“I think we’ve got a great shot of winning that championship this year,” Childress said, reciting a line he hadn’t used too often lately.

Harvick’s best finish in the Sprint Cup Series in 12 seasons is third, in 2010 and 2011.

Though Harvick is ninth in points a quarter of the way through the season now, his finishes hadn’t been lighting up the scoring pylon. He had as many top-10 finishes heading into Richmond (one) as rookie and typical start-and-park driver . Vitriolic sniping on the team radio — which is a public forum for anyone with a scanner to hear — had been frequent in recent weeks when Harvick finished 12th-14th in six of seven races.

Martin acknowledged some of his pit strategies hadn’t worked out at the end of races, calling 2013 “one of the most difficult years for making decisions.”

That’s because the rules are such that more cars are on the lead lap now than even a few years ago, meaning there’s more risk when deciding to pit for tires late in the race instead of keeping track position.

Martin has tended to be “on the wrong end of that,” he said, sometimes playing it too conservatively. Not this time.

Harvick drove up through the field on fresh tires from seventh to first in just one lap. He cured a lot of the team’s ills in the process.

As Harvick sipped an oversized can of Budweiser during the postrace , he brushed off talk of any discord with Martin.

“We’ve been through a lot,” Harvick said. “I can sense when he’s frustrated. He knows when I’m frustrated. It’s not something you take personal. By the time you get to Monday, he’s working in the shop; you just got to let it go.”

That Harvick is leaving at all after what could be a Chase-caliber season — or better — might raise some eyebrows as long as Stewart-Haas struggles.

SHR’s three drivers have all had disappointing seasons so far: Three-time champion Tony Stewart is 22nd in the points standings, off to his worst career start in the series. He had a chance for a top-five finish — his first of the season — on the restart until Kurt Busch bumped him out of the way. Ryan Newman is 16th and Patrick is 26th.

What will people say if none of the drivers from Harvick’s future team make the Chase while his current team makes a run at the title?

Plus, Harvick’s RCR teammates have been keeping pace lately as well. Paul Menard is 10th in points one-quarter through the season and Jeff Burton scored his first top-five finish of the season at Richmond.

Harvick isn’t worried about SHR — or anything related to 2014 — for the time being.

“I know everybody makes a big deal out of what you’re going to do next year, but man, next year is so far away right now,” he said. “You’re week-to-week: What are we working on this week? What track are we going to? What do we do to make it better?

“You lose track of time. You lose track of everything that’s going on because you’re so buried in what we do on a week-to-week basis.”

Childress is holding out hope the team can deliver what it said it could all along: Sticking together despite knowing the end of their relationship is just months away.

“I think we got everyone working in the right direction,” said Childress, who won six championships with the late Dale Earnhardt. “Hopefully we’ll be in Vegas (at the postseason banquet) smiling big.”

Follow Jeff Gluck on Twitter @jeff_gluck

NASCAR: No lame duck, Harvick, RCR team taking title shot is a post from: PhatzRadio.com

 NASCAR: No lame duck, Harvick, RCR team taking title shot  NASCAR: No lame duck, Harvick, RCR team taking title shot  NASCAR: No lame duck, Harvick, RCR team taking title shot  NASCAR: No lame duck, Harvick, RCR team taking title shot  NASCAR: No lame duck, Harvick, RCR team taking title shot

 NASCAR: No lame duck, Harvick, RCR team taking title shot

NASCAR reinstates Jeremy Clements for Bristol race

ff4fecec75e8f930e3bbc552a969d15c NASCAR reinstates Jeremy Clements for Bristol race
, driver of the #51 Curry Roofing Chevrolet, walks down the grid during qualifying for the Nationwide Series DRIVE4COPD 300 at Daytona International Speedway on February 24, 2012 in Daytona Beach, Florida.
(February 23, 2012 – Source: / North America)

Story Highlights

Nationwide driver had been suspended indefinitely for a remark before .
Clements will remain on probation until Sept. 13.
He completed a program with Dr. Richard Lapchick.

(PhatzRadio / AP) — NASCAR has reinstated , who was suspended indefinitely after admitting to using a racial remark in front of a reporter before the Nationwide Series race at Daytona International Speedway.

Clements will remain on probation until Sept. 13 but can return to this weekend at . His team’s No. 51 Chevrolet is listed as “TBA” under the driver category on the current entry list for the ’s Grit Chips 300.

“As part of the requirements for , Jeremy Clements participated in an individualized program with Dr. Richard Lapchick and his staff at the Institute for Diversity and Ethics in Sports,” of racing operations ’Donnell said in a statement. “In Dr. Lapchick’s judgment, Jeremy has successfully completed the program. We’re pleased that Jeremy has taken these important steps and will return to racing starting this weekend at Bristol Motor Speedway.”

In a statement released this morning from his Spartanburg S.C., shop, Clements said, “I would like to thank NASCAR for their support throughout this entire process. I would like to also thank Dr. Lapchick and his team for their time and the opportunity to help me grow. I have learned a lot and am looking ahead, to getting back in the car at Bristol and having a to the season. I am truly grateful to my sponsors who have stood by me, to my fans for their tremendous of support and to my family and team for their unwavering love and support.”

Clements was suspended indefinitely Feb. 27. He told .com last month that he made the remark in the company of a NASCAR official and MTV reporter while showing the way to Johanna Long’s hauler after the drivers’ meeting for the Feb. 23 race.

Clements, 28, finished 33rd in the season-opening Nationwide race at Daytona. He has three top 10s in Nationwide, in which he has been racing sporadically since 2003

NASCAR reinstates Jeremy Clements for Bristol race is a post from: PhatzRadio.com

 NASCAR reinstates Jeremy Clements for Bristol race  NASCAR reinstates Jeremy Clements for Bristol race  NASCAR reinstates Jeremy Clements for Bristol race  NASCAR reinstates Jeremy Clements for Bristol race  NASCAR reinstates Jeremy Clements for Bristol race

 NASCAR reinstates Jeremy Clements for Bristol race

NASCAR: Phoenix could re-start season for some Cup drivers

6e9acee921195dcd9009adc2f8276d10 NASCAR: Phoenix could re start season for some Cup drivers
Kasey Kahne, driver of the #5 Chevrolet, skids out after an incident during the Series at on February 24, 2013 in Daytona Beach, Florida.
(February 23, 2013 – Source: Todd Warshaw/ North America)

Story Highlights

Kasey Kahne, Tony Stewart, and all had issues in the Daytona 500
Kahne finished 29th or worse in four of the first six races, but ended the year ranked fourth
is not ready to set the top 10 as a weekly goal but Phoenix could be strong track

(PhatzRadio / ) — Coming off the best finish of her Sprint , Danica Patrick is downplaying expectations entering this weekend at .

Coming off his second-worst start to a season, Kasey Kahne is doing the exact opposite — and with good reason.

The driver started last year in a deep points chasm, too, but he believes he will be climbing into contention much quicker in 2013.

“I can just tell by the things we’ve done with testing and how we raced at Daytona, how prepared (crew chief) Kenny (Francis) and our team are,” said Kahne, who finished 36th in the Daytona 500. “It’s exciting to look at Phoenix, Vegas, Bristol and be ready to go.”

It still took a while for Kahne to get past Daytona, where he believed his No. 5 Chevrolet was “as good as any car there.” A crash on Lap 33 of 200 ended any hope of winning the Great American Race, as it also did for Tony Stewart and Kevin Harvick, both of whom Kahne considered threats to win.

That trio, along with , , and , will enter Phoenix after finishing outside the top 30 at Daytona. However, slow starts in the season opener haven’t been a death knell for past championship bids, in part because Daytona’s restrictor-plate rules are unlike all but three other races on the schedule.

Last year, Jimmie Johnson finished 42nd at Daytona (and faced a 25-point penalty that later was overturned) but moved into Chase for the Sprint Cup position by the fifth race and stayed there on the way to a third-place points finish. In 2002, Stewart suffered an engine failure on the second lap and still won the title.

Kahne said he was “upset, kind of pissed off about it” about the disappointing and discouraging result at Daytona until a Tuesday debrief with his Hendrick teammates got him looking ahead.

“If you go to Phoenix and Vegas and hit things again, that makes you start wondering,” he said. “But to this point, Daytona, that wreck is uncontrollable. I realize that we’re not far behind. One race isn’t a very big deal at this point.”

Kahne proved that the hard way last year, finishing 29th or worse in four of the first six races. But he didn’t press because he was in a stable situation with a NASCAR powerhouse, and his car had speed.

“I was never really down on what was going on, because every single race except Daytona, we were fast,” he said.

“… I was at ease. We’re not going to crash every race. At some point, it’s going to take off, and finally it did after Martinsville.”

The outlook entering Subway’s Fresh Fit 500 is upbeat for other drivers who struggled at Daytona. Harvick won on the 1-mile oval last November when Busch (who has the third-best driver rating at Phoenix) set a pole qualifying record and finished third. Stewart has won before at Phoenix and tested the 2013 car there last fall, and Kenseth and Edwards both have wins in the desert.

Much of the focus, though, will be on Patrick, who returns to race near her former home of Scottsdale, Ariz., after becoming the first woman to start from the pole in Cup and to lead the Daytona 500.

In her Phoenix debut last November, Patrick was running on the lead lap and headed for a top-15 finish before getting caught in a crash in a green-white-checkered finish.

The Stewart-Haas driver said after Daytona that it would be “unwise” to set the top 10 as a weekly goal, but last year’s Phoenix performance offers some optimism.

“I feel like it will give us a good baseline idea of how we need to set the car up,” she said. “But it also is a new car, so we’ll have to adapt to that. (Crew chief) Tony (Gibson) and I are still figuring out how we get the most out of me with new tires in a qualifying situation, things like that. We still have a lot of stuff to work on.”

4d0c9758d2fe292b633d463194be0eed NASCAR: Phoenix could re start season for some Cup drivers

NASCAR: Phoenix could re-start season for some Cup drivers is a post from: PhatzRadio.com

 NASCAR: Phoenix could re start season for some Cup drivers  NASCAR: Phoenix could re start season for some Cup drivers  NASCAR: Phoenix could re start season for some Cup drivers  NASCAR: Phoenix could re start season for some Cup drivers  NASCAR: Phoenix could re start season for some Cup drivers

 NASCAR: Phoenix could re start season for some Cup drivers

NASCAR suspends Jeremy Clements indefinitely for remark

d0331ae7488f615e7c025aba765b48c9 NASCAR suspends Jeremy Clements indefinitely for remark
An official stands next to the damaged crash fence as the engine of Nationwide Series Larson catches fire during the DRIVE4COPD 300 at . Douglas Jones,

Story Highlights

According to NASCAR, made an inappropriate remark during an interview session
Clements is a Nationwide Series driver
He finished 33rd in Saturday’s crash-marred race at Daytona International Speedway

(PhatzRadio / ) — NASCAR has indefinitely suspended Nationwide Series driver Jeremy Clements for a comment he made during an interview Saturday.

Clements violated Sections 7-5 (NASCAR’s Code of Conduct) and 12-1 (actions detrimental to ).

“During the course of an interview, Jeremy Clements made an intolerable and ,” said ’Donnell, NASCAR of operations. “NASCAR has a Code of Conduct that’s explicitly spelled out in the 2013 NASCAR Rule Book. We fully expect our entire industry to adhere to that Code.”

Clements finished 33rd in the Nationwide race at Daytona International Speedway that was marred by a horrific last- that left 28 fans injured Saturday.

, NASCAR’s senior director of communications and competition, said he didn’t know whether the interview was pre- or post-race.

Clements, 28, has three top-10s on the circuit he has been racing off and on since 2003. He issued this statement on his Facebook page:

“I apologize and regret what I said to the NASCAR writer and to NASCAR, my sponsors, my fans, and my team. NASCAR has a Code of Conduct that everyone must follow and I unintentionally violated that code. I will not get into specifics of what I said but my comment to the writer was in no way meant to be disrespectful or insensitive to anyone or to be detrimental to NASCAR or the NASCAR Nationwide Series. I will do what I need to do in order to atone for my error in judgment.”

To be considered for , Clements will have to go through a program that NASCAR will set up to suit Clements’ individual needs.

No timetable for that or further details were available.

NASCAR suspends Jeremy Clements indefinitely for remark is a post from: PhatzRadio.com

 NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark

 NASCAR suspends Jeremy Clements indefinitely for remark

NASCAR suspends Jeremy Clements indefinitely for remark

d0331ae7488f615e7c025aba765b48c9 NASCAR suspends Jeremy Clements indefinitely for remark
An official stands next to the damaged crash fence as the engine of Nationwide Series Larson catches fire during the DRIVE4COPD 300 at . Douglas Jones,

Story Highlights

According to NASCAR, made an inappropriate remark during an interview session
Clements is a Nationwide Series driver
He finished 33rd in Saturday’s crash-marred race at

(PhatzRadio / ) — NASCAR has indefinitely suspended Nationwide Series driver Jeremy Clements for a comment he made during an interview Saturday.

Clements violated Sections 7-5 (NASCAR’s Code of Conduct) and 12-1 (actions detrimental to ).

“During the course of an interview, Jeremy Clements made an intolerable and ,” said ’Donnell, NASCAR of operations. “NASCAR has a Code of Conduct that’s explicitly spelled out in the 2013 NASCAR Rule Book. We fully expect our entire industry to adhere to that Code.”

Clements finished 33rd in the Nationwide race at Daytona International Speedway that was marred by a horrific last- that left 28 fans injured Saturday.

, NASCAR’s senior director of communications and competition, said he didn’t know whether the interview was pre- or post-race.

Clements, 28, has three top-10s on the circuit he has been racing off and on since 2003. He issued this statement on his Facebook page:

“I apologize and regret what I said to the NASCAR writer and to NASCAR, my sponsors, my fans, and my team. NASCAR has a Code of Conduct that everyone must follow and I unintentionally violated that code. I will not get into specifics of what I said but my comment to the writer was in no way meant to be disrespectful or insensitive to anyone or to be detrimental to NASCAR or the NASCAR Nationwide Series. I will do what I need to do in order to atone for my error in judgment.”

To be considered for , Clements will have to go through a program that NASCAR will set up to suit Clements’ individual needs.

No timetable for that or further details were available.

NASCAR suspends Jeremy Clements indefinitely for remark is a post from: PhatzRadio.com

 NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark

 NASCAR suspends Jeremy Clements indefinitely for remark

NASCAR suspends Jeremy Clements indefinitely for remark

d0331ae7488f615e7c025aba765b48c9 NASCAR suspends Jeremy Clements indefinitely for remark
An official stands next to the damaged crash fence as the engine of Nationwide Series Larson catches fire during the DRIVE4COPD 300 at . Douglas Jones,

Story Highlights

According to NASCAR, made an inappropriate remark during an interview session
Clements is a Nationwide Series driver
He finished 33rd in Saturday’s crash-marred race at

(PhatzRadio / ) — NASCAR has indefinitely suspended Nationwide Series driver Jeremy Clements for a comment he made during an interview Saturday.

Clements violated Sections 7-5 (NASCAR’s Code of Conduct) and 12-1 (actions detrimental to ).

“During the course of an interview, Jeremy Clements made an intolerable and insensitive remark,” said ’Donnell, NASCAR of operations. “NASCAR has a Code of Conduct that’s explicitly spelled out in the 2013 NASCAR Rule Book. We fully expect our entire industry to adhere to that Code.”

Clements finished 33rd in the Nationwide race at Daytona International Speedway that was marred by a horrific last- that left 28 fans injured Saturday.

, NASCAR’s senior director of communications and competition, said he didn’t know whether the interview was pre- or post-race.

Clements, 28, has three top-10s on the circuit he has been racing off and on since 2003. He issued this statement on his Facebook page:

“I apologize and regret what I said to the NASCAR writer and to NASCAR, my sponsors, my fans, and my team. NASCAR has a Code of Conduct that everyone must follow and I unintentionally violated that code. I will not get into specifics of what I said but my comment to the writer was in no way meant to be disrespectful or insensitive to anyone or to be detrimental to NASCAR or the NASCAR Nationwide Series. I will do what I need to do in order to atone for my error in judgment.”

To be considered for , Clements will have to go through a program that NASCAR will set up to suit Clements’ individual needs.

No timetable for that or further details were available.

NASCAR suspends Jeremy Clements indefinitely for remark is a post from: PhatzRadio.com

 NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark  NASCAR suspends Jeremy Clements indefinitely for remark

 NASCAR suspends Jeremy Clements indefinitely for remark

NASCAR: Injured NASCAR fans mulling lawsuit

9c4a7d1ec4aa13e9437c6f30ef041b55 NASCAR: Injured NASCAR fans mulling lawsuit

ORLANDO, Fla. (AP) — The attorney for three injured last weekend during a race the day before the says they are exploring a possible lawsuit, but some experts say they could face tough obstacles in winning damages.

Matt Morgan, the Orlando-based lawyer for the fans, said at a Tuesday than any suit would focus on the safety fence used along the track at . He said he hopes to reach a settlement with to avoid a lawsuit.

More than 30 people were injured last Saturday after a horrific wreck in a second-tier race sent chunks of debris, including a heavy tire, into the stands. Morgan declined to provide the identities of his clients, but said two of them were seated directly in front of the crash and sustained injuries ranging from a fractured fibula to abdominal swelling. All have been released from the hospital.

Some experts say there could be grounds for a lawsuit, and that courts have looked past liability waivers written on the backs of sporting event tickets. Others maintain the ticket is a that could be hard to overcome in court.

“Ultimately, I believe it would be ,” Morgan said. “We all know that when you go to a race you assume a certain amount of risk. But what people don’t assume is that a race car will come flying into the stands… That’s why they make the fences.”

Asked to comment on the fans’ retention of a law firm, spokesman wrote in a statement, “We are unaware of any lawsuits filed.”

is owned by ., a NASCAR sister company. Spokesman Andrew Booth said, “As per company policy, we do not comment on pending litigation.”

Donnalynn Darling, a New York-based attorney who has been practicing personal injury law for 30 years, said there is a theory that a spectator who buys tickets to a sporting event assumes the risk of objects coming out of the field of play, such as a foul ball at a baseball game.

But she said there is also a foreseeable risk question that promoters of events also accept.

“Did the sporting event promoter take action to prevent that specific risk?” Darling asked. “In terms of this fence…it was put up to prevent people from being hurt. You have people who were not only injured by falling debris, but by the failure of the fence.”

Others say such restrictive clauses on the back of tickets are generally disfavored by Florida courts.

“If it’s just something written on the back of the ticket and not called to the attention of the person purchasing, there’s reason to believe many courts in Florida won’t hold that they consented efficiently,” said University of Florida emeritus law professor Joseph Little.

Still, Paul Huck, an adjunct professor at the University of Miami School of Law, said contract law could take precedence.

“A ticket to one of these events is like a contract — and its provisions limiting liability are generally enforceable,” he said. “We enter into these types of contracts on a regular basis, and we often don’t give it a second thought that we may be limiting or even giving up certain legal rights when we do so.”

Darling also said that the fence’s manufacturer at Daytona would likely be “very much responsible” because of it being foreseeable that debris could go through a fence that has holes in it.

That seems to be theory that Morgan is adopting. He referenced a 2009 crash at NASCAR’s racetrack in Talladega, Ala. in which a car that launched into the catch fence sent debris into the stands and injured several fans.

“At that point in time a group of engineers got together and they said ‘It’s time for us to manufacture a safer fence,’” Morgan said. “To my knowledge, that was done. But what we have to investigate at this point in time is what was done…If you can ever point to monetary considerations being put ahead of people, then there’s a big problem.”

Darling predicted that NASCAR would try to settle with the injured fans.

NASCAR “had an obligation to protect the fans that are so loyal, and it is bad from a public relations standpoint,” Darling said. “So they’re going to do something.”

NASCAR: Injured NASCAR fans mulling lawsuit is a post from: PhatzRadio.com

 NASCAR: Injured NASCAR fans mulling lawsuit  NASCAR: Injured NASCAR fans mulling lawsuit  NASCAR: Injured NASCAR fans mulling lawsuit  NASCAR: Injured NASCAR fans mulling lawsuit  NASCAR: Injured NASCAR fans mulling lawsuit

 NASCAR: Injured NASCAR fans mulling lawsuit

NASCAR: Lawyers weigh possible legal fallout of Daytona crash

3c3a55e07a7cc3d4dfb4d0fcd9690f45 NASCAR: Lawyers weigh possible legal fallout of Daytona crash

() – Spectators injured when they were hit by from a crash at a on Saturday face a significant obstacle if they want to pursue injury lawsuits against , its owner and the sport’s governing body : the fine print on their tickets.

Lawyers say that in the event of litigation arising from the pile-up at a second-tier Nationwide race, NASCAR (the National Association for Stock Car Auto ), Daytona speedway and its owner, , would likely point to the disclaimers displayed on auto-racing tickets, which are designed to inform buyers of potential dangers and waive any personal injury liability.

for , International Speedway Corporation and NASCAR did not respond to requests for comment for this story.

About 30 spectators were injured when the crash propelled debris, including at least one tire, through and over the fence meant to protect the crowd. Two spectators who were originally listed as critical on Saturday were described as in on Sunday. Others were either in in hospital or had been treated and released.

The disclaimer on a Daytona ticket says: “The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence.”

It has become common practice for sports businesses to place the disclaimers on the back of ticket stubs for admission to a variety of venues, such as ski resorts, hockey arenas and baseball fields, lawyers said.

Lee Kaplan, a who has defended Chrysler Group and Corporation in product liability cases, said he felt the language in the Daytona disclaimer should be enough to cover possible claims arising from the Daytona crash. He said spectators understand the risk they are taking by buying a Daytona ticket.

“They are held to the knowledge that racing is inherently dangerous and spectators can be injured,” said Kaplan, a Houston lawyer, noting that the word “risk” in the disclaimer captures that sentiment.

But one question that might arise could be whether the disclaimers are enough to offset any questions about whether the organizers provided strong enough fencing and appropriate seating arrangements to keep fans safe from danger, personal injury lawyers said.

If it were proven that Daytona knew that the fans were in harm’s way and opted against taking action such as changing the fans’ seating arrangement or setting more distance between the safety fence and the track, then potential injury claims were more likely to supersede any so-called “buyer beware” ticket disclaimer, Dan Kirschner, a Chicago personal injury lawyer.

Oakland-based attorney Bob Eassa, who has defended the Oakland Raiders in a variety of personal injury lawsuits by NFL players, said the disclaimer only covers “normal risk” and that the notice cannot remove claims of negligence if the company were proven to have acted inappropriately.

He said other legal claims that a ticket disclaimer would not waive are related to product liability. The injured could claim, for instance, that and the construction company it used to make the safety fence did not use strong enough materials to prevent debris from flying into the stands and injuring spectators.

“You’re attacking the fact that they didn’t do it right,” Eassa said.

By Monday morning, there were no reports of lawsuits being filed over the crash.

Saturday’s wreck happened after driver , who was leading the race, attempted to block another driver as they were nearing the in the final lap of the race and hit the other car, a report on NASCAR.com said. This led to a pile up that sent driver Kyle Larson’s car airborne and ripped out its engine, sending the debris into the crowd. He walked away from the wreckage unhurt.

NASCAR has required tracks to have $50 million in insurance to cover spectator injuries, money that would be used to cover lawsuits against it, according to SEC filings.

International Speedway Corp has rarely defended itself in public lawsuits against over personal injury claims arising from accidents at its racetracks.

Recent accidents at NASCAR racetracks include last year’s lightning strike at Pocono Raceway, which killed one fan and injured nine others, and a 2009 crash at Talladega Superspeedway when a car hit the catch fence and flying car debris flew through the fence and broke an 18-year-old’s jaw.

No disclosures of any lawsuits related to either instance could be found in International Speedway Corp’s SEC filings, nor any other personal injury claim over the past three years. An online and federal court search of the Pocono and Talladega incidents didn’t turn anything up either.

Justin Reiff, an expert in amusement park litigation, said that large companies at risk of injury lawsuits typically quash personal injury claims by offering victims a large, upfront confidential settlement before they file a public lawsuit.

(Reporting By Casey Sullivan, Additional Reporting By Ben Berkowitz and Simon Evans; Editing by Claudia Parsons)

NASCAR: Lawyers weigh possible legal fallout of Daytona crash is a post from: PhatzRadio.com

 NASCAR: Lawyers weigh possible legal fallout of Daytona crash  NASCAR: Lawyers weigh possible legal fallout of Daytona crash  NASCAR: Lawyers weigh possible legal fallout of Daytona crash  NASCAR: Lawyers weigh possible legal fallout of Daytona crash  NASCAR: Lawyers weigh possible legal fallout of Daytona crash

 NASCAR: Lawyers weigh possible legal fallout of Daytona crash

NASCAR: Johnson wins Daytona 500, Danica finishes in 8th

ccee388d22491a1fabbd467f3f345903 NASCAR: Johnson wins Daytona 500, Danica finishes in 8th
, driver of the #48 Lowe’s Chevrolet, leads ., driver of the #88 National Guard Chevrolet, on the of the Series at Daytona International Speedway on February 24, 2013 in Daytona Beach, Florida.
(February 23, 2013 – Source: Todd Warshaw/ North America)

DAYTONA BEACH, Fla. (AP) — A big first for Danica Patrick, but an even bigger second for Jimmie Johnson.

Patrick made history up front at the Daytona 500 Sunday, only to see Johnson make a late push ahead of her and reclaim his spot at the top of his sport.

It was the second Daytona for Johnson, a five- champion who first won “The Great American Race” in 2006.

Patrick, the first woman to win the pole, also became the first woman to lead the race. She was running third on the , but faded to eighth at the finish.

There were several crashes during the race, none approaching the magnitude of the wreck that injured more than two a day earlier in a second-tier race on the same track.

Johnson raced past defending NASCAR champion on the final restart and pulled out to a sizable lead that nobody challenged over the final six laps.

Dale Earnhardt Jr. settled for second as Hendrick Motorsports drivers went 1-2 in the new Chevrolet SS. Mark Martin was third in a Toyota.

Keselowski, who overcame two accidents earlier in the race, wound up fourth in the new Ford that Penske Racing is fielding this year.

Patrick was clearly disappointed with her finish. But she admitted she wasn’t sure what move to make if she was going to try for the win.

“You know I kept thinking about it the whole time,” she said. “You spend a lot of time thinking what to do when the opportunity comes.”

Patrick became the first woman in history to lead laps in the 500 when she passed Michael Waltrip on a restart on Lap 90. She stayed on the point for two laps, then was shuffled back to third. She ended up leading five laps, another groundbreaking moment for Patrick, who in 2005 as a rookie became the first woman to lead the .

Janet Guthrie was the first woman to lead laps at NASCAR’s top Cup Series, in 1977 at Ontario, where she led five laps under caution.

The field was weakened by an early nine-car accident that knocked out race favorite Kevin Harvick and sentimental favorite Tony Stewart.

Harvick had won two support races coming into the 500 to cement himself as the driver to beat, but the accident sent him home with a 42nd place finish.

Stewart, meanwhile, dropped to 0-for-15 in one of the few races the three- champion has never won.

“If I didn’t tell you I was heartbroken and disappointed, I’d be lying to you,” Stewart said.

That accident also took former winner Jamie McMurray, his Chip Ganassi Racing teammate Juan Pablo Montoya, and Kasey Kahne out of contention.

The next accident – involving nine cars – came 105 laps later and brought a thankful end to Speedweeks for . He was caught in his fifth accident since testing last month, and this wreck collected six other Ford drivers.

The field suddenly had six Toyota drivers at the front as Joe Gibbs Racing and drivers took control of the race. But JGR’s day blew up – literally – when the team was running 1-2-3 with , Denny Hamlin and setting the pace.

Kenseth went to pit road first with a transmission issue, and Busch was right behind him with a blown engine. Busch was already in street clothes watching as Hamlin led the field.

“It’s a little devastating when you are running 1-2-3 like that,” Busch said.

NASCAR: Johnson wins Daytona 500, Danica finishes in 8th is a post from: PhatzRadio.com

 NASCAR: Johnson wins Daytona 500, Danica finishes in 8th  NASCAR: Johnson wins Daytona 500, Danica finishes in 8th  NASCAR: Johnson wins Daytona 500, Danica finishes in 8th  NASCAR: Johnson wins Daytona 500, Danica finishes in 8th  NASCAR: Johnson wins Daytona 500, Danica finishes in 8th

 NASCAR: Johnson wins Daytona 500, Danica finishes in 8th

NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona

1dff08a6f2b2c6d6c0009547341bbe7f NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona
( President said 14 fans were treated on site, and 14 fans were taken to local hospitals. Joe Burbank//MCT via Getty Images)

DAYTONA BEACH, Fla. (AP) — At least 33 fans were injured Saturday during a when a car flew into the fence at , hurling a tire and large pieces of debris into the stands.

The accident happened on the last lap of the second-tier Nationwide Series race on the eve of Sunday’s , which officials said would go on as scheduled.

The crash began as the field approached the and leader attempted to block Brad Keselowski to preserve the win. That triggered a chain reaction, and rookie Kyle Larson hit the cars in front of him and went airborne into the fence.

The entire front end was sheared off Larson’s car, and his burning engine wedged through a gaping hole in the fence. Chunks of debris from the car were thrown into the stands, including a tire that cleared the top of the fence and landed midway up the spectator section closest to the track.

The 20-year-old Larson stood in shock several yards away from his car as fans in the stands waived frantically for help. Smoke from the burning engine briefly clouded the area, and emergency vehicles descended on the scene.

Ambulance sirens could be heard wailing behind the at a time the would typically be doing celebratory .

“It was freaky. When I looked to my right, the accident happened,” said Rick Harpster of , Fla., who had a bird’s-eye view of the wreck. “I looked over and I saw a tire fly straight over the fence into the stands, but after that I didn’t see anything else That was the worst thing I have seen, seeing that tire fly into the stands. I knew it was going to be severe.”

Shannan Devine, of Egg Harbor Township, N.J., was sitting about 250 feet away from where the car smashed into the fence and could see plumes of smoke directly in front of her.

“I didn’t know if there was a car on top of people. I didn’t know what to think. I’m an emotional person and I immediately started to cry. It was very scary. Absolutely scary. I love the speed of the sport. But it’s so dangerous,” said Devine who was planning to attend her second Daytona 500.

She said many fans got in the way of rescue efforts by trying to take pictures and videos, even jumping over fencing in hopes of getting closer to the scene.

Shannon Speedway President said 14 fans were treated on site, and 14 others were taken to hospitals. Chitwood didn’t give any updates on their conditions. Local officials said 19 fans were taken to neighboring hospitals, including two who were in critical condition but were later upgraded to stable.

The accident happened the day before the Sprint Cup Series season-opening Daytona 500 – ’s version of the Super Bowl. Daytona workers could be seen repairing the large section of fence where Larson hit, as well as the wall that was damaged in the accident.

“First and foremost our thoughts and prayers are with our race fans,” Chitwood said. “Following the incident we responded appropriately according to our safety protocols, and had emergency medical personnel at the incident immediately.

“We’re in the process of repairing the facility and will be ready to go racing tomorrow.”

As emergency workers tended to injured fans and ambulance sirens wailed in the background, a somber Tony Stewart skipped the traditional post-race victory celebration.

Stewart, who won for the 19th time at Daytona and seventh time in the last nine season-opening Nationwide races, was in no mood to celebrate.

“The important thing is what is going on on the frontstretch right now,” said Stewart, the three- champion. “We’ve always known, and since racing started, this is a dangerous sport. But it’s hard. We assume that risk, but it’s hard when the fans get caught up in it.

“So as much as we want to celebrate right now and as much as this is a big deal to us, I’m more worried about the drivers and the fans that are in the stands right now because that was … I could see it all in my mirror, and it didn’t look good from where I was at.”

The accident spread into the upper deck and emergency crews treated fans on both levels. There were five stretchers that appeared to be carrying fans out, and a helicopter flew overhead. A forklift was used to pluck Larson’s engine out of the fence.

“It’s a violent wreck. Just seeing the carnage on the racetrack, it’s truly unbelievable,” driver Justin Allgaier said.

It was a chaotic finish to a race that was stopped for nearly 20 minutes five laps from the finish by a 13-car accident that sent driver Michael Annett to a hospital, where his Richard Petty Motorsports team said he would be held overnight with bruising to his chest.

The race resumed with three laps to go, and the final accident occurred with Smith trying to hold off Keselowski through the final turn.

“I tried to throw a block. It’s Daytona, you want to go for the win here,” Smith said. “I don’t know how you can play it any different other than concede second place, and I wasn’t willing to do that today. Our job is to put them in position to win, and it was, and it didn’t work out.”

As the cars began wrecking all around Smith and Keselowski, Stewart slid through for the win, but Larson plowed into Keselowski and his car was sent airborne into the fence. When Larson’s car came to a stop, it was missing its entire front end. The 20-year-old, who made his Daytona debut this week, stood apparently stunned, hands on his hips, several feet away from his car, before finally making the mandatory trip to the care center.

He said his first thought was with the fans.

“I hope all the fans are OK and all the drivers are all right,” Larson said. “I took a couple big hits there and saw my engine was gone. Just hope everybody’s all right.”

He said he was along for the ride in the last-lap accident.

“I was getting pushed from behind, I felt like, and by the time my spotter said lift or go low, it was too late,” Larson said. “I was in the wreck and then felt like it was slowing down and I looked like I could see the ground. Had some flames come in the cockpit, but luckily I was all right and could get out of the car quick.”

It appeared fans were lined right along the fence when Larson’s car sailed up and into it, but Chitwood indicated there was a buffer. He said there would be no changes to the seating before the Daytona 500.

“We don’t anticipate moving any of our fans,” Chitwood said. “We had our safety protocols in place. Our security maintained a buffer that separates the fans from the fencing area. With the fencing being prepared tonight to our safety protocols, we expect to go racing tomorrow with no changes.”

Larson’s car appeared to hit where the cross-over gate – a section that can be opened for people to travel back and forth from the infield to the – is located in the fence. Previous accidents in which drivers hit crossover gates were severe, but the gates were in the wall and not the fence for Mike Harmon’s accident at Bristol in 2002 and Michael Waltrip’s at the same track in 1990.

Still, NASCAR ’Donnell said it would be studied.

“I think we look at this after every incident,” O’Donnell said. “We’ve learned in the past certain protocols put in place today are a result of prior incidents. Again, our initial evaluation is still ongoing. But it’s certainly something we’ll look at. If we can improve upon it, we’ll certainly put that in play as soon as we can.”

Larson had been scheduled to race his sprint car later Saturday night in Ocala, Fla., and even seemed restless to get there during the late stages of the Nationwide race. He pulled out of the event following the accident.

“Honestly, the race itself pales in comparison to the injuries sustained by the fans,” said Chip Ganassi, the who has Larson in his driver development program. “Our thoughts and prayers go out to all the fans that were injured as a result of the crash. As for Kyle, I am very happy that he is OK.”

Keselowski watched a replay of the final accident, and said his first thoughts were with the fans. As for the accident, he agreed he tried to make a winning move and Smith tried to block.

“He felt like that’s what he had to do, and that’s his right. The chaos comes with it,” Keselowski said. “I made the move and he blocked it, and the two of us got together and started the chain events that caused that wreck. First and foremost, just want to make sure everyone in the stands is OK and we’re thinking about them.”

Keselowski said the incident could cast a pall on the Daytona 500.

“I think until we know exactly the statuses of everyone involved, it’s hard to lock yourself into the 500,” Keselowski said. “Hopefully, we’ll know soon and hopefully everyone’s OK. And if that’s the case, we’ll staring focusing on Sunday.”

DAYTONA BEACH, Fla. (AP) — Tony Stewart won a chaotic Nationwide Series race at Daytona International Speedway that ended with a frightening last-lap crash.

was leading coming to the checkered flag when he was turned sideways into the wall. Cars began wrecking all over the track, and rookie Kyle Larson’s car went sailing into the fence that separates the track from the grandstands.

Stewart slid through the to the win.

When Larson’s car came to a stop, it was missing its entire front end. There was a gaping hole in the fence, and a burning piece of car inside the fencing.

Shortly before the final three-lap sprint to the finish, Michael Annett was taken to a local hospital for further evaluation after a 13-car accident with five laps remaining.

NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona is a post from: PhatzRadio.com

 NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona  NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona  NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona  NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona  NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona

 NASCAR: Fans injured when car sails into fence at Daytona / Tony Stewart takes Nationwide race at Daytona