The Herald, Sharon, Pa.

Local News

August 25, 2012

Track sued over flying debris

By Joe Pinchot Herald Staff Writer

MERCER — While the former owners of Mercer Raceway Park await a decision in an appeal of a lawsuit filed over the death of a man and injury of another in a 2007 crash, they have been sued by a spectator who was hit in the face by a chunk of concrete in 2010.

Jacob C. Smith of Pulaski sued Mercer Raceway Park LLC, Emig Racing Inc. and Vicki Emig on March 2, 2012. An amended complaint alleging negligence was filed July 5.

He said he attended the “Chiller Thriller” race on March 27, 2010, at the Findley Township track when “a chunk of concrete roughly the size of a brick was propelled into the air by a passing race car at turn 2.”

The concrete went through a mesh or chain link fence and hit Smith in the face, knocking him out, giving him a concussion and breaking his jaw, which required surgery to repair, he said.

Smith alleged the fence was in “gross disrepair” and “ineffective.”

Park operators should have known the fence was in subpar condition, fixed it, prohibited spectators from entering the area, posted warning signs and maintained the track so that debris would not be present, Smith said.

In their answer filed July 30, the defendants said the fence was to help prevent race cars and larger car parts from leaving the track, but not to protect spectators from “any and all debris.” They also said signs posted at the time advised spectators that they assume the risk of being hit by rocks and debris from the track.

The defendants did not specifically address the condition of the fence at the time, other than to generally deny the allegation that it was in disrepair.

The track previously was sued over a March 31, 2007, crash. A race car lost control and slammed into a guardrail and a fence. Standing behind it were Steven W. Guthrie Jr. and Samuel Ketcham, pit crew members for Guthrie’s father’s car.

Mercer County Common Pleas Court Judge Christopher J. St. John  said the fence’s concrete footings were ripped from the ground and a steel pole was separated from the footing. The pole hit Guthrie Jr., killing him. Ketcham was seriously injured and spent a few days in a hospital.

St. John ruled Sept. 22 that a release and waiver the men signed absolved the race track of liability.

Ketcham and Guthrie Sr., who sued on behalf of himself and his son’s estate, have appealed to Superior Court. A decision in the case is pending, according to the case’s online docket.

Emig sold the track in 2010 to Bill Altman.

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