Could Notice of Accident Prevent Earnhadt Death?

Could Notice of Earlier Accident Prevent Earnhardt Death?

Circumstances of auto injury last June has eerie similarities

Providence, Rhode Island, March 12, 2001 -- The legacy of Dale Earnhardt continues, although not in the way one might expect. According to an article in the Providence Journal, Gerald Carbone reports that driver Dave Hutchins has filed a lawsuit against Simpson Performance Products claiming that "he [Hutchins] suffered fractures in both legs because the waist belt's nylon webbing snapped when his car hit the wall at Seekonk Speedway." The suit also alleges emotional distress. The accident in question occurred during a race last June. Hutchins, 29, and his wife, Christine, are seeking $2 million in damages.

The newspaper quotes Hutchins’ attorney as saying "this is almost identical to what happened to Dale Earnhardt. It was the same belt. The webbing broke on the left-hand side" as it did in Earnhardt's car." In a report in the Boston Globe, the attorney said that Simpson "was fully aware a problem existed when he notified the company's attorneys" last October. Even though Simpson was aware, the only action taken in this matter was that Simpson's insurance company responded to Cunha's letter in November, but no settlement was reached.

In its "product information" sheet, Simpson Performance says that the five belts are made of "Military Specification nylon webbing." The sheet also contains a warning in capital letters: "THE USER ASSUMES THE RISK." [click here for definition] Hutchins' law firm said that the warning does not absolve Simpson of liability. "No one ever denied that racing is a very dangerous sport," an associate at the law firm said. But "people are buying safety equipment to protect themselves, and you don't expect that safety equipment to fail on you."

The crash that fractured Hutchins's legs on June 17 has eerie similarities to Earnhardt's crash -- he hit the wall head on during the last lap of the night's featured race. Like Earnhardt, Hutchins was wearing a "Cam Lock 5 Way Driver Restraint System" manufactured by Simpson. The system is a harness of five belts -- one for each shoulder, two around the waist, and one through the groin -- that bolt to the car's floor. The belts click into a buckle at the driver's waist.

Hutchins hit the wall when he tried to steer around a car that spun out in front of him. When the waist belt snapped, he slipped beneath the dashboard where both his legs fractured on impact. Hutchins said he has undergone 11 surgeries and his medical bills have topped $100,000. Hutchins still uses a wheelchair, though doctors have allowed him to begin experimenting with crutches this month. He has not resumed work as a welder at his father’s shop.

Hutchins father said: "If they had taken action in November, this guy [Earnhardt] would still probably be around today," Hutchins himself added: "The only thing that really disappointed me was them saying that this had never happened before. That kind of got me in a spin." Reportedly, NASCAR is still investigating a rumor that Earnhardt modified his racing harness before it snapped. Hutchins did not modify his belts, and that the harness was installed correctly. Hutchins said that he replaced his car's safety belts with belts he bought from Simpson last March.

According to ESPN2's "RPM Tonight", "Seekonk Speedway is a NASCAR-sanctioned track. A NASCAR spokesman said he was not aware of a belt failure prior to Earnhardt's crash," and added: "We see [this lawsuit] as an opportunistic stunt to capitalize on the unfortunate death of Dale Earnhardt by sensationalizing their allegations.

In time, we may all see what a jury thinks.

Matthew Roberts