Motocross riders hit tractor: Failure to alert riders to presence of unsafe equipment on track: Malice: Verdict: Punitive damages
Author: Law Reporter

Phelps v. Texas Moto-Plex, Inc., Tex., Fort Bend County Jud. Dist. Ct., No. 01-CV-122108, May 19, 2003.

Phelps, 21, and Hawk, 18, were riding motorcycles at a motocross track. They had been warned that there were tractors making repairs to the back part of the track, but were not told when the tractors moved to a different part of the track. Phelps and Hawk did not see the tractors until they were making a jump. Hawk jumped off his motorcycle and suffered only bumps and bruises. Phelps collided with a tractor, sustaining a compound fracture of the left tibia. He had surgery to insert a rod and screws, but had to have another surgery months later for a nonunion.

Phelps, who was working at a motorcycle repair shop, was about to start competing professionally, but has been unable to compete since the accident and is now a student. He did not claim lost wages. Phelps's past medical expenses were approximately $33,400. He does not anticipate future medical expenses.

Hawk is now a longshoreman. He claimed no lost wages or medical expenses.

Phelps and Hawk filed suit against the motocross track and the two tractor operators, one of whom was an owner of the track. Plaintiffs alleged negligence in bringing unsafe equipment onto the track without alerting riders that it was there, and malice for knowing the situation was dangerous and being consciously indifferent to the safety of the riders.