A woman alleging her husband died following a go-cart crash seeks to voluntarily dismiss organizers of the event and the responding ambulance company from her wrongful death suit.
Plaintiff Flora Odum filed a stipulation for dismissal on June 8 through attorney J. Brad Wilmoth in St. Louis. She seeks to dismiss defendants Abbott Ambulance Inc., American Medical Response of Illinois Inc. and Hertz Corporation without prejudice.
Flora Odum, the surviving spouse of Thomas Odum, filed an amended complaint on Dec. 18 against Abbott Ambulance, American Medical Response of Illinois, Hertz Corporation, Gateway Motorsports Park, Gateway Kartplex and Gateway Acquisitions.
In her complaint, she alleges the decedent was participating in a racing event for clients of Hertz and their employees at Gateway Motorsports Park in Madison on May 21, 2015, when his go-cart was allegedly thrown off track. The suit claims the go-cart went past barriers and through a chain link fence, and ultimately hit a concrete structure.
Flora Odum alleges the defendants failed to have first responders available to provide rescue services to her husband. She also claims that when an ambulance did arrive, it did not have the proper medical equipment and training to help him.
As a result, she alleges the decedent’s family members watched him suffer for approximately 25 minutes following the wreck before “proper” emergency services arrived on scene.
Flora Odum further alleges the decedent received extensive and on-going medical care to treat his injuries and later died as a result of the incident.
However, a Madison County coroner’s inquiry verdict states that the decedent died on May 25, 2015, as a result of heart failure, or specifically arteriosclerotic and hypertensive cardiovascular disease.
Abbott Ambulance and American Medical Response had previously filed a motion to dismiss the complaint, arguing that the plaintiff failed to include a healthcare affidavit.
Flora Odum responded by filing a memorandum in opposition, arguing that she had not alleged any medical malpractice or death or injury as a result of healing art medicine. Instead, she argued that the defendants acted with negligence and willful and wanton misconduct in responding to the scene, knowing they were out of service and could not transport the decedent.
She argued that the defendants’ negligence delayed transportation to the hospital, which could have prevented the decedent’s death.
Madison County Circuit Court case number 17-L-632