A Madison motorsports park has settled a lawsuit alleging a man died from a heart attack following a go-kart crash in 2015.
Plaintiff Flora Odum, the surviving spouse of Thomas Odum, filed a petition to settle the case on March 28 through attorney J. Brad Wilmoth of St. Louis.
The parties informed the court that they reached a settlement agreement a few days before a jury trial was set to begin on Feb. 7.
According to the notice, the defendants settled the claim for $90,000, with Page Law LLC receiving $30,000 for attorney fees. Additionally, $16,432.85 would go towards incurred investigation and litigation costs.
“Petitioner’s attorneys believe the settlement offer as stated is a fair and reasonable settlement of the claim for damages surrounding the death of Thomas Odum,” the notice states.
The complaint was filed on May 9, 2017, and alleges Thomas Odum 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. Odum’s go-kart was allegedly thrown off track, went past barriers, 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, the suit alleges Thomas Odum’s family members watched him suffer for approximately 25 minutes following the crash before “proper” emergency services arrived on scene.
Defendants Gateway Motorsports Park, Gateway Kartplex LLC and Gateway Acquisitions Inc. filed a motion for summary judgment in March 2020 through attorney Michael Bedesky of Heyl Royster Voelker & Allen PC in Edwardsville.
They argued that Thomas Odum suffered a cardiac event while racing the go-kart and went into cardiac arrest.
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.
The defendants also argued that the track was not required to furnish a defibrillator and had never had a need to contact an ambulance.
“Further, it was not custom and practice in the go-kart industry to supply CPR trained employees or have an ambulance on hand,” they argued.
In her response in opposition to the summary judgment request, Flora 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.
The defendants filed a reply, 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 defendants’ motion for summary judgment was denied in July 2020.
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