Frivolous lawsuit against Keigwins trackday organization:gofundme link

I just don't trust any gofundme account unless I know the person who made it personally. You can make an account under pretty much any name you want.
I could say the money is for the Human Fund and then spend it on race tires.

 

You need to be riding like an asshole to be escorted off of the track.

All I know is there is nothing presented here in anything I have read that would make me have any reservations at all about riding Laguna Seca and that assholes like this with bullshit lawsuits do nothing but harm to the sport. The plaintiff certainly would not like me as the judge in this case...

 

Oh he definitely made the Gofundme. He's been all over FB talking about it. There has actually been one or two legal types pointing out the same flaws in his course of action that many here are speculating on, only with actual legal experience and explanation to go with it.

 

Looking more and more like spending money. Looking at his FB now and I am at a loss for words.

 

Not exactly correct.

Because Defense counsel's fee is likely hourly based (or flat fee), they will be paid win or loose.

Because Plaintiff's counsel fee is very likely contingency fee based, they will only win if the plaintiff wins or the defendants settle the case (33%).

Assuming the defendants obtain a favorable result (perhaps win on summary judgment), the plaintiff and their counsel can be sued for malicious prosecution of the underlying action. If the court adjudicates the underlying suit frivolous, the plaintiff and their counsel can lose big time (sometime treble damages).
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Link?

 

I can't post it from my work computer.
Run a FB search for his name. Szymon Dziadzia

 

That sounds, unfortunately, 100% plausible and likely. I’m amazed that the track has survived this long and not been bulldozed for luxury homes. I’m sure that’s what Monterey wants, and of course the officials formerly involved in the track will get their pockets lined well. I hope this scenario doesn’t come to pass, but i think it’s pretty likely.

 

He's gone through and deleted most of his stupid comments at this point, and any comments from people who were pointing out flaws in his actions.

 

geez, don't know about you, but i wouldn't touch a gross negligence standard case on a contingency basis.

 

Aren't they all buds in any state?

 

Its not my area of practice (in fact, I loathe trial level personal injury cases), but there are plenty who would. It all depends on how hungry you are. Its not so much whether you win in the adjudicative sense, but what settlement you can leverage (without expending a lot resources) on the given set of facts. Every suit has a nuisance value, then to that is added the value of avoiding the risk of a possible big, misguided jury verdict and the prospect of having to appeal the verdict.
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Actually, just to be accurate, although they are often used interchangeably, malicious prosecution is improper pursuit of criminal charges, while vexatious litigation is the improper pursuit of civil claims. I can't speak to Cali, but in my state this isn't accurate. While many attorneys won't sue another attorney for malpractice, vexatious litigation claims seem to be perceived a bit different. I think it stems mainly from the difference in the claims. Malpractice is where the attorney deviated from the requisite standard of care for the legal services or advice i.e., made a mistake (everyone makes mistakes, right?). Vexatious litigation is where a person commences and prosecutes a civil action without probable cause; where probable cause means a bona fide belief in the existence of the facts essential under the law for the action and such as would warrant a man of ordinary caution, prudence and judgment, under the circumstances, in entertaining it (i.e., even a moron wouldn't have brought this claim). The latter, I believe, is perceived more as self-policing.

I feel that is a big issue in those states that elect judges. Thankfully, our judiciary is appointed.
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It seems to me like this guy setup a gofundme account to get people to send HIM a lot of money, by playing the whole "we have to protect track days!!" card.

I could be wrong, and hope I am. But the wording in the gofundme page sounds like he is trying to do the "we have to stand up and fight as a community" thing...while getting people to directly send him a bunch of cash.

Smells like bullshit to me.

He needs to get on there and provide itemized statements of where every dollar will go. If he doesn't, then fuck him too.

 

For me I can’t imagine anyone donating any money to this. People really are gullible. I think this guy is doing more harm to track days than the actuall law suite is. Crazy.