Eldora lawsuit

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  • RiffRaf67
    Senior Member
    • Oct 2009
    • 264

    #61
    Much to do about nothing.
    Move along.. nothing (new) to see here.
    Grumpy old dirt track fan. Anti-Sanction. Anti-Social. Anti-Media. Anti-SocialMedia. Anti-Climatic.

    Comment

    • Barbecueboy
      Senior Member
      • Mar 2013
      • 18116

      #62
      Originally posted by calverton View Post
      Old enough to know Brandon was a big boy and wants to race instead playing lawyer games the only person that wins is the lawyer but carry on Brandon put his big pants on years ago unlike you and the remaining 4
      Brandon wears big boy pants , but his car owner doesn't???

      That makes perfect sense.
      Where is the move over flag when you need it?????

      Comment

      • Barbecueboy
        Senior Member
        • Mar 2013
        • 18116

        #63
        Originally posted by W2Racing09 View Post
        Bingo

        I've been saying this from the beginning, the second tire sample is irrelevant. If Bloomquist says it came off the same tire, or not does not matter. There is no proof that it is the same tire and as a result it will not be able to be used as solid evidence. The scales would be a stronger case in my opinion, as most not involved in racing do not know how it generally works (weighing on the track scales) and so Bloomquist may benefit from that ignorance, but certainly not to the tune of $16M.

        Thanks,
        Jeff.
        And you know there is no proof on this second sample how?.......and I'm just asking?
        Where is the move over flag when you need it?????

        Comment

        • birky time
          Senior Member
          • May 2011
          • 319

          #64
          I'm thinking this is good that its dropped or settled or whatever...my opinion I like when bloomer races at Eldora and hopefully he does and gets to? as a fan you want the best drivers at the crown jewels so we can give our buddies a hard time when one of the best drivers don't make show or don't win....So hopefully these guys will be back racing at the BIG E
          after hot laps I'll pick the winner

          Comment

          • Barbecueboy
            Senior Member
            • Mar 2013
            • 18116

            #65
            Originally posted by vande077 View Post
            You also realize that is Scott saying that, not anyone from the Lab right?

            He can say or do anything he wants until he is put under oath and has to testify. If he doesn't have copies of the original testing from the lab, his words are just that, words.
            Is it just Scott saying that?

            I totally missed that part.
            Where is the move over flag when you need it?????

            Comment

            • Barbecueboy
              Senior Member
              • Mar 2013
              • 18116

              #66
              Originally posted by klemmabyna View Post
              Not sure how the tire samples were handled, but in a prior career, when we had lab testing done, the original sample was divided. one used for testing and one to be a referee sample in case of appeal.

              also, I asked if the 5 would be racing Eldora again. didn't mean would they want to.

              what I should have asked is "will tony let them through the gate?"
              Now would be the time to yell BINGO.
              Where is the move over flag when you need it?????

              Comment

              • vande077
                Senior Member
                • Sep 2016
                • 140

                #67
                Originally posted by Barbecueboy View Post
                Is it just Scott saying that?

                I totally missed that part.
                in the filing it's a quote from Scott that the 2nd sample came back clean.

                Bloomquist says "two tests done on samples from the same tire did not match each other."

                To me, that means zip. I can say that in an affidavit too (you're not under oath and don't have to provide any proof) even if I have no direct or indirect knowledge about it.
                Last edited by vande077; 10-19-2016, 11:29 AM.

                Comment

                • Barbecueboy
                  Senior Member
                  • Mar 2013
                  • 18116

                  #68
                  Originally posted by vande077 View Post
                  in the filing it's a quote from Scott that the 2nd sample came back clean. To me, that means zip. I can say that in an affidavit too (you're not under oath and don't have to provide any proof) even if I have no direct or indirect knowledge about it.
                  I've done several affidavits and I'm almost certain I was sworn to tell the truth on them.......it's been awhile so maybe I'm mistaken.

                  Thanks for the info
                  Where is the move over flag when you need it?????

                  Comment

                  • Bubstr
                    Senior Member
                    • Feb 2008
                    • 3734

                    #69
                    If this case is reinstated in NC state court or not, will depend on the lawyers for the plaintiffs. As of now the plaintiffs do not have to pay the defendants court costs. If filed the cost of this court case just went up for the plaintiffs and down for the defendants, just due to travel costs. If the plaintiffs lawyer is doing this case on a contingency basis, he may reconsider cost verses reward.

                    Everyone has to know, as soon as this case is filed again, these racers will be on the black list for WRG events again until settled. It's too bad more forethought isn't used, instead of afterthought. Ounce of prevention or a pound of cure.

                    A friend that has connections with racing tire provider, gave me a passable theory. This was about, either miss marked tires or old stock. As time goes by, some of the natural oils evaporate from tires or weren't put in them to start. You know your getting them, because you have to order a big lot to get them. The end story is they act as a little harder tire than the standard new tire. This is against the rule that says a tire must be properly marked and not defaced. This may be true or not, but seems like a passable explanation.

                    Comment

                    • vande077
                      Senior Member
                      • Sep 2016
                      • 140

                      #70
                      Originally posted by Barbecueboy View Post
                      I've done several affidavits and I'm almost certain I was sworn to tell the truth on them.......it's been awhile so maybe I'm mistaken.

                      Thanks for the info
                      Affadavits are done with lawyers (no judges) and you don't have to answer if you don't want to and they mean nothing in the grand scheme of things. (and generally are done AFTER the case has been filed so both groups are in the room. This was done before the lawsuit was filed, so hard to have any affadavits I would imagine.

                      Now, had this been done as a "sworn affidavit" with both groups of lawyers in the room and after the case was filed I might feel differently. But at this point, it's just words from Scott. He will have to provide proof if it goes to court.

                      Comment

                      • GEAR_HEAD
                        Senior Member
                        • May 2007
                        • 3107

                        #71
                        Originally posted by Highside Hustler25 View Post
                        No, you're wrong. The tiregate lawyer filed suit in the wrong State. Sounds like if he did his homework, e would have known where to file suit. Now who's the idiot?
                        That's irrelevant, in no way is the suit over.

                        Comment

                        • fastford
                          Senior Member
                          • Dec 2008
                          • 4059

                          #72
                          Originally posted by vande077 View Post
                          Affadavits are done with lawyers (no judges) and you don't have to answer if you don't want to and they mean nothing in the grand scheme of things. (and generally are done AFTER the case has been filed so both groups are in the room. This was done before the lawsuit was filed, so hard to have any affadavits I would imagine.

                          Now, had this been done as a "sworn affidavit" with both groups of lawyers in the room and after the case was filed I might feel differently. But at this point, it's just words from Scott. He will have to provide proof if it goes to court.
                          i think you are referring to depositions , not affidavit , which is a sworn notarized statement.

                          Comment

                          • zach51
                            Senior Member
                            • Sep 2008
                            • 1362

                            #73
                            I'm surprised that so many of you even care at this point. I personally don't. If the plaintiffs want to keep pursuing, fine, if not fine. Lets go racing.

                            Comment

                            • TS FAN
                              Senior Member
                              • Jul 2008
                              • 4236

                              #74
                              They care because some hate Bloomie, most all hate Stewart and they enjoy the conspiracy. AS for me, I said earlier I didn't care that much about this even though I am a Stewart fan. I also said this will never get to trial and if there is not a settlement case goes bye bye. It is gone bye bye for now, and we all should focus on racing again.

                              Comment

                              • vande077
                                Senior Member
                                • Sep 2016
                                • 140

                                #75
                                Originally posted by fastford View Post
                                i think you are referring to depositions , not affidavit , which is a sworn notarized statement.
                                That's right Depositions is the word that was eluding my brain.

                                Either way, from what I've seen thus far, it's just Scott's word that there were 2 samples and they tested different. No one else has mentioned the samples at any time, only him. (and given that I would guess the tire samples are done much like random drug testing, there has to be a chain of custody associated with it). if the 2nd sample Scott is referring to is not part of that chain of custody, it means absolutely nothing.

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