Injured race car driver claims he wasn't warned of collision consequences

Steve Gonzalez Aug. 22, 2005, 8:47am

A race car driver who was injured after a restraint and seat assembly failed on his Hornet class race car at Tri-City Speedway in Granite City, is seeking at least $750,000 in a 15-count suit filed against Racer Components, Racer’s Choice and Lowe Performance.

Melvin Perkins claims the injuries he sustained on Aug. 23, 2003, were caused by defendants' failure to include adequate warnings that would alert him to the serious consequences of a collision.

In his suit filed in Madison County Circuit Court Aug. 19, Perkins also claims the restraint assemblies and racing seats were not properly tested before being marketed.

The suit alleges that the defendants failed to:

  • Conduct sufficient testing that would have shown the racing seat welds were prone to breakage

  • Warn that their equipment carried a risk of temporary or permanent disability;

  • Provide post-market warnings or instructions after they knew the significant risks associated with the intended use of their products.

    “The defendants’ failed to warn of all other possibilities of harm that they knew or should have known have existed,” the complaint states.

    According to Perkins, he suffered severe and permanent injuries, physical pain, mental and emotional distress has become disabled and lost his normal enjoyment of life.

    He seeks damages for lost wages and benefits, diminshed earning capacity and medical expenses.

    Perkins is represented by Todd Neilson of Callis, Papa, Hale, Szewczyk, Rongey & Danzinger in Granite City.

    The case has been assigned to Circuit Judge Andy Matoesian.

    05 L 755

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