Madison County Circuit Judge David Dugan denied a Madison motorsports park's request for summary judgment in a suit alleging a man with a cardiac condition died from a heart attack following a go-kart crash.
Defendants Gateway Motorsports Park and Gateway Kartplex LLC and Gateway Acquisitions Inc. filed a motion for summary judgment on March 20 through attorney Michael Bedesky of Heyl Royster Voelker & Allen PC in Edwardsville.
They argued that the complaint fails to allege issues of material fact.
“While racing a go-kart at the Kartplex, decedent Thomas Odum suffered a cardiac event, and went into cardiac arrest. Ultimately Odum died as a result of that event.
“No defect in any of the equipment used by Odum or his go-kart played any role in the accident. Additionally no defect on the track contributed to Odum’s death,” the motion stated.
The defendants also argued that the track was not required to furnish a defibrillator and had never had a need to contact an ambulance. They add that they were unaware of Odum’s alleged heart condition.
“Further it was not custom and practice in the go-kart industry to supply CPR trained employees or have an ambulance on hand,” the motion stated.
Plaintiff Flora Odum filed a response in opposition to the motion for summary judgment on April 30 through attorney J. Brad Wilmoth of St. Louis. Odum argued that summary judgment should be dismissed because the material facts are in dispute.
Odum argued that the racetrack “was aware of the risks of operating high-speed go-karts, including the risk to customers of heart attack.”
“Gateway developed a standard operating policy and procedure to address medical emergencies like heart attacks. Despite the policy, on the day Thomas wrecked and suffered a cardiac event, Gateway employees violated their own policy by delaying lifesaving aide to Thomas, including administering CPR, use of a defibrillator, and a call to 911,” the response stated.
“Illinois Courts recognize that a violation of a standard operating policy along with delays in life saving aide supports a finding of willful and wanton conduct that is appropriate for a jury to weigh,” it added.
The defendants filed a reply on May 28 stating that The Gateway Kartplex is part of a larger racing park, which includes an oval track and drag strip. The defendants argued that it was the park’s policy to provide medical trained personnel for events at the drag strip or oval track but not for go-karts.
“The Karplex had been open since June 2014 and that over 1.1 million laps had been logged since that time. There had never been an injury other than cuts and bruises,” the reply stated.
“Here, the fact that a number of different potential health issues may arise due to participation in a go-kart race this does not mean that Gateway is required to provide every conceivable type of medical assistance a go-kart racer might need,” it added.
The defendant argued that Keith Scharf, who was the manager on duty at the time, was the closest employee to the crash. He didn’t see it, but he heard it. He said he did not know how critical the situation was, so he called EMT Brian Hamilton to assess the situation. Sharf claimed he had seen Hamilton at the facility an hour prior and thought he would be the quickest to respond. After Scharf learned Hamilton was no longer at the track, he immediately called 911, which was roughly five minutes after the crash.
The defendants stated that emergency room physician Ronald Himmelman said Scharf did what he “should have done.”
“Here, the undisputed evidence is that the track acted as quickly as possible to summon help after the accident,” the reply stated. “Scharf immediately contacted EMT Hamilton and then 911.”
Flora Odum filed a response to the defendants’ reply on Aug. 3.
“It is not Gateway’s violation of the policy by itself, but the policy violation in combination with an unjustifiable delay of life saving care or an unjustifiably inadequate response to a known danger that establishes a set of facts upon which a jury could reasonably find evidence of willful and wanton conduct,” the response stated.
However, Dugan had already denied the defendants’ motion for summary judgment on July 30.
Flora Odum, the surviving spouse of Thomas Odum, alleges in her complaint that the decedent was participating in a racing event for clients of former defendant Hertz Corporation and their employees at Gateway Motorsports Park in Madison on May 21, 2015, when his go-kart was allegedly thrown off track. The suit claims the go-kart 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 Thomas Odum.
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.
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.
Hertz Corporation, Abbott Ambulance and American Medical Response of Illinois had previously been named defendants in the suit.
Madison County Circuit Court case number 17-L-632