Simpson sues NASCAR

[rustyfan]

SpeedFX reports:

Almost a year after the tragic death of Dale Earnhardt during the final lap of the 2001 Daytona 500 racing safety guru Bill Simpson is planning to sue NASCAR alleging that he was a made a scapegoat in the death of his friend. ESPN is reporting the suit will be filed tomorrow (Tuesday) through Simpson's attorneys in Indianapolis Superior Court.

Though Simpson no longer officially works for the safety device manufacturer that still bears his name, Simpson Performance Products Inc. is also a part of the suit looking to defend their hard earned reputation as an innovator in automotive safety devices.

Read the full article here.

Perhaps this lawsuit will bring all the REAL facts out - way too much has been buried by NASCAR in this whole deal surrounding the Earnhardt-crash.

[Joe Fan]

He will lose. I think this is a last ditch effort on his part to either: 1) restore Simpson product's name and sales, or 2) suffer a dwindling demand for his products.

[KC]

I think Bill Simpson has a point here. Either by direct or implicit implication, NASCAR has allowed Bill Simpson to bear the brunt of the blame. Expert reports not requested by NASCAR have stated that the failed seatbelt did not contribute to Earnhardt's death but occured after he had already suffered the basal skull fracture. Simpson said that he had warned DE about his seat belt anchor point but was ignored by the driver.

I do not think it is blind luck that Bill Simpson has enjoyed unilateral success until this accident. He makes good products. I use them on a race boat to protect my drivers arms and neck. His products are still used by racers everywhere. If NASCAR is wrong, they at least owe him a formal apology for sullying his good name.

[Ax Slinger]

There is a dwindling demand for Simpson products? Where? I don't see it. I don't know of anyone who has switched to another saftey products company as a result of Earnhardt's death.

[CA Racetramp]

Will Dale Sr. EVER be able to rest in peace. Enough already.

[dei3fan]

Originally posted by KC
I think Bill Simpson has a point here. Either by direct or implicit implication, NASCAR has allowed Bill Simpson to bear the brunt of the blame. Expert reports not requested by NASCAR have stated that the failed seatbelt did not contribute to Earnhardt's death but occured after he had already suffered the basal skull fracture. Simpson said that he had warned DE about his seat belt anchor point but was ignored by the driver.

I do not think it is blind luck that Bill Simpson has enjoyed unilateral success until this accident. He makes good products. I use them on a race boat to protect my drivers arms and neck. His products are still used by racers everywhere. If NASCAR is wrong, they at least owe him a formal apology for sullying his good name.

It is not Nascars job to prevent simpsons reputation from being damaged so how can you say they "allowed" it.
Where and when did they "sully" simpsons good name? All they ever said is that the belt broke and that was a true statement. They did not attack or blame bill simpson or his products in any way. I think it's telling that his old company doesn't want any part of this suit. Bill is the cause of his own problems.

[KC]

By implication, NASCAR allowed the appearance of the seat belt failure as the reason why Earnhardt died. Instead of making clear and concise statements about what happened, they allowed Simpson to be implicated and would not allow anyone else to make unbiased investigations into it. So in effect, NASCAR used the press to convict Simpson without benefit of being able to defend himself or his reputation. If NASCAR cannot prove the belt failure killed Earnhardt, then they can be held libel for encouraging that view.

[Joe Fan]

KC, I am sorry but NASCAR never implicated Simpson. A belt broke and NASCAR told the press what they found and they did not jump to conclusions. Simpson wanted NASCAR to blame their cars for the accident to take his products off the legal liability hook but NASCAR could not relieve him of his responsibility of the death until it was investigated further. Your statement of "Expert reports not requested by NASCAR have stated that the failed seatbelt did not contribute to Earnhardt's death but occured after he had already suffered the basal skull fracture" came from one expert. The other said it would be impossible to say with any great certainty. If the belt broke and caused Earnhardt to be pitched further and harder into the steering wheel, then how could anyone tell if it was the deciding factor?

As far as suffering a basal skull fracture before hitting the steering wheel as in the case of headwhip, pure BS. If this were the case then a lot more drivers would have been dead by now because essentially any high speed impact into a wall should be sufficient to produce these type fractures.

[Joe Fan]

Originally posted by Tim B
There is a dwindling demand for Simpson products? Where? I don't see it. I don't know of anyone who has switched to another saftey products company as a result of Earnhardt's death.

Tim, from the SpeedFX article:

"Simpson is also insinuating that NASCAR has conspired to twist arms to get teams to stop using Simpson products. He says last year 39 teams who ran the Daytona 500 used his products while this year the number is 13 or 14. Among those teams that have stopped using Simpson products are the team Earnhardt drove for, Richard Childress Racing, and the team he owned, Dale Earnhardt Inc. though Dale Earnhardt Junior has previously stated confidence in Simpson manufactured products."

Well, after the belt broke in Mayfield's car and his whole nasty attitude of "relieve my products of all responsibilities of Dale's death," I would switch belts too.

[dei3fan]

Since hard evidence of what had happened was not yet determined Nascar could only state what they knew to be true at the time which is all they did.No implication was made that the belts were at fault for Dales death and Nascar is not responsible for whatever conclusions anyone may come to who had heard that the belts were broke. They couldn't say unequivocaly that the belts were NOT at fault,neither could they say they were.It was simply stated that they did break which was and is true.No court of law will hold nascar liable for what conclusions other people come to based on what was said.Truth is a defense,you can't be held guilty of defamation of character by telling the truth.

to say that nascar used the press to "convict"simpson is the biggest stretch of the truth I've ever heard.Simpson was implicated by the fact that the belts were his and that alone.You give me one direct quote of a Nascar representative from a reputable publication that implicated Simpson or his products in any way that attempted to convict him in the press and I will shut up. otherwise I think you should rethink your position.

Also,Nascar doesn't have to prove anything.In a civil suit,the burden of proof will be on Simpson to prove his damages.And the standard for proof will be high.

Originally posted by KC
By implication, NASCAR allowed the appearance of the seat belt failure as the reason why Earnhardt died. Instead of making clear and concise statements about what happened, they allowed Simpson to be implicated and would not allow anyone else to make unbiased investigations into it. So in effect, NASCAR used the press to convict Simpson without benefit of being able to defend himself or his reputation. If NASCAR cannot prove the belt failure killed Earnhardt, then they can be held libel for encouraging that view.