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Settlement reached in fan’s lawsuit vs. NASCAR, Daytona, ISC for injuries


DAYTONA BEACH, FL - FEBRUARY 23: Kyle Larson, driver of the #32 Clorox Chevrolet, Justin Allgaier, driver of the #31 Brandt Chevrolet, Brian Scott, driver of the #2 Shore Lodge Chevrolet, and Parker Kligerman, driver of the #77 Bandit Chippers Toyota, 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 settlement has been reached in a fan’s lawsuit against Daytona International Speedway, International Speedway Corp. and NASCAR after being injured by debris in a 2013 race. first reported the settlement.

The settlement comes as the plaintiff’s lawyers sought to depose six NASCAR drivers, including Dale Earnhardt Jr., Kyle Busch and Kyle Larson.

No terms of the settlement were released.

The lawsuit stems from the injuries Allen Davis suffered on Feb. 23, 2013, when Larson’s car went airborne and crashed into the catch fence in a Nationwide Series race at Daytona International Speedway.

The lawsuit states that Davis was seated in the upper level, Section P, Row 27, Seat 3. The lawsuit states that Davis was struck in the head “by a heavy piece of debris and suffered a catastrophic, traumatic brain injury.’’ At least 28 fans were injured in the incident.

About two months after the accident, Daytona International Speedway and Talladega Superspeedway announced that additional cables would be installed at the crossover gates and both were adding supplemental tethers between the gate frame and support posts.

Larson crashed into one of the eight gates at Daytona and sent debris into the stands.

Davis’ attorney sought depositions with Larson and Earnhardt, who were in the wreck, along with Busch and Austin Dillon, who were in the race. Davis’ attorney also sought depositions with Denny Hamlin and Ryan Newman.

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