The "aftermath" of the May 1 accident at Lowe's Motor
Speedway that killed three spectators and injured eight
others during an IRL race "illustrates the complexities,
ethical and otherwise, that crop up for companies after a
tragedy," according to Liz Chandler, who profiled the issue
in a front-page feature in Sunday's CHARLOTTE OBSERVER.
Speedway Motorsports (SMI) and President Humpy Wheeler
"assigned 20 goodwill ambassadors" who "consoled families"
of the victims, but also "picked up personal details --
including mental, medical and legal histories -- about
victims and their relatives" and "delivered" the details to
the LMS insurance adjuster. One of the "emissaries" was LMS
Chaplain Steve Green. Some families "now wonder" if LMS'
"outreach" was "genuine -- or partly an attempt to gain an
edge in settlement negotiations." But Wheeler said,
"Everything we did, we did out of human compassion. We knew
from the start insurance would cover this, so we weren't
really concerned about the financial loss." Chandler notes
that six victims have "settled claims against the speedway
for undisclosed amounts," while three families "have sued"
and 11 more are "weighing their options: Should they sue, or
accept whatever the insurance company determines their loss
and suffering are worth?" LMS, which has $50-75M in
liability coverage -- "more than enough" to pay the victims'
claims, according to Wheeler -- "disputes allegations of
negligence, which a plaintiff must prove to win a lawsuit."
Two Charlotte attorneys, Tim and Jackie Smith, "overheard" a
recent conversation between Green and K&K Insurance's Ed
Horne, LMS' insurance adjuster, regarding the accident and
reported it to the OBSERVER. The attorneys say that the
conversation "clearly was about limiting damages," but Green
and Horne say that Green was "trying to persuade Horne to
help the families" (CHARLOTTE OBSERVER, 8/29).
