Tuesday, February 15, 2011

Family files suit in girl's go-kart death

AURORA | The family of a 9-year-old  Aurora girl killed last summer at a Grand Junction go kart track filed a lawsuit this week against the track and several people connected to that day’s event. 

The lawsuit, filed by Taybor Duncan’s parents Monday in Douglas County District Court, accuses the Grand Junction Motor Speedway, its employees and several others of wrongful death, lying about the dangers of karting and several other charges.

Duncan died after cashing her go kart into another vehicle Aug. 15 at the track in western Colorado. 

According to the lawsuit, Duncan was one of several carts on the track going about 50 mph when she slammed into a maintenance truck driven by Richard Talley, an employee at the track. 

Duncan didn’t see the truck in time to stop because it was hidden by hay bales, the suit said. 

“Defendants knew or should have known ... that no vehicle, including a maintenance /recovery vehicle, should ever be on the race track at the same time kart racers were racing on the track,” the suit said. 

In addition to naming the track and Talley specifically, the suit names the International Kart Federation, Colorado Junior Karting Club and its board of directors Twenty Niners, LLC, and Stacey Cook, the track manager.

The suit doesn’t ask for a specific dollar amount, but asks for “economic damages, including but not limited to, medical expenses, funeral, burial and final expenses, past and future lost income, loss of earning capacity, and our of pocket expenses,” as well as non-economic damages. 

A message left at the Grand Junction Motor Speedway on Tuesday was not immediately returned.

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