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Fan injured by debris at Daytona in 2013 files lawsuit


DAYTONA BEACH, FL - FEBRUARY 23: Brad Keselowski, driver of the #22 Discount Tire Dodge, and Kyle Larson, driver of the #32 Clorox Chevrolet, are involved in an incident at the finish of the NASCAR Nationwide Series DRIVE4COPD 300 at Daytona International Speedway on February 23, 2013 in Daytona Beach, Florida. (Photo by Chris Graythen/Getty Images)

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A spectator injured by debris from a 2013 accident at Daytona International Speedway, is suing the track, International Speedway Corp., and NASCAR.

A lawsuit on behalf of Allen Davis was filed last week in U.S. District Court in Orlando, Fla. It does not state how much is being sought.

The lawsuit states that Davis suffered a “catastrophic, traumatic brain injury’’ when he was struck by debris from Kyle Larson’s car after it crashed into the catch fence on the last lap of what was then a Nationwide Series race at Daytona International Speedway.

Davis, the lawsuit notes, was sitting in the upper level of the stands in Section P, Row 27, Seat 3 when he was struck.

More than two dozen fans were injured after a wheel and other debris flew into the stands. The track reached a settlement in May 2014 with nine fans injured by debris from that crash.

Daytona International Speedway and Talladega Superspeedway each reinforced their respective crossover gates with extra cables after an engineering firm that reviewed data from the 2013 accident made recommendations.

As part of Daytona Rising renovation project, the grandstands were moved back from the fence and fans are banned from walking on the “rim road” that separates the fence from the grandstands.

The lawsuit contends that Daytona, ISC and NASCAR were negligent for, among other reasons, “permitting unreasonably dangerous races to take place on its Speedway,’’ along with “failing to maintain a safe distance between the spectators and the Speedway’’ and “by failing to properly design and/or construct catch fences and crossover gates to assure race car debris cannot penetrate fences during crash situations.’’

The lawsuit states that Davis “suffered bodily injuries, the expense of medical treatment, hospitalization and nursing care, loss of earnings, loss of ability to earn money, pain, suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, aggravation of a previously existing condition, and inconvenience. These losses are permanent and continuing and Davis will suffer the losses in the future.’’

Daytona International Speedway, International Speedway Corp., and NASCAR have until Nov. 27 to respond to the complaints.

Five fans were injured at Daytona in July when Austin Dillon’s Sprint Cup car flew into the fence after the race ended.

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