RockyTop
Enthusiast
I know many on this board have followed my 2.5 year insurance claim saga. Well, on Monday my attorney and I will be filing a petition for certiorari (in laymen's terms, the won't you please consider my case request). As some of you may recall, I had asked that the VCA to consider using its own counsel to file an amicus brief with the Supreme Court. For laymen, that's a third-party's brief supporting some or all aspects of my side of the case and is an attempt by an outsider who really does have a "dog in the hunt" to urge the court to make law that favors its position. The cost of such a brief would probably not exceed $3,000.
After some effort I was able to speak with Joe Houss who is as friendly and professional as can be and he was concerned, among other things, that if the club did it in my case, they'd have to do it in everyone's. My view differs from Joe's in that this is an opportunity to change what is about to be law in Georgia and, in time, its neighboring states of FL, TN, NC, SC, and AL. Nevertheless Joe said he'd ask Fiona, but I never heard back from him notwithstanding an e-mail inquiring about the status of his inquiry. Like all of us, our VCA officers have day jobs and I understand that my little case out here in the boonies just isn't as high on the priority list as the next cruise-in or tech session.
O.K., maybe I am a little bummed.
I naively thought that if Congress, for example, were about to pass a law that would have a material and detrimental effect on the insurability of our just-for-fun track events, the club would endeavor at relatively modest expense to preserve this incredibly enjoyable vehicle ownership experience. I realize I was wrong.
In all truth, this affects the GA club the most directly, but the cost of the brief, which we have in our coffers, would have wiped out our surplus used for dinners and, God forbid, track tomfoolery. Nevertheless, Pete Mansolillo offered to consider this as a local club expense, but I refused. I could not in good faith deprive my fellow GA club members of all those good Italian food dinners.
The national club has generously offered more than $20,000 for our upcoming rendezvous, which will include activities at speed on the RoadAlanta track. I would not, however, count on having your accident covered should you come into contact with the substantial amounts of Armco there ! The chilling effect of this ruling on participation in the rendezvous remains to be seen. I hope it's none !
Undaunted, on the filing deadline of this Monday, March 10th, I am asking the GA Supreme Court's consideration of this matter. I hope, for all our sakes, they agree. As it stands now, this is bad law. Seriously, I am not bitter as I love our club and virtually all in it (except maybe Hoosier Daddy who on street tires schooled many of us at VIR last summer). I'm just tired and will be glad after these long 2.5 years to have this issue behind me one way or another. My pockets just feel lighter now. I would be remiss if I did not extend my special thanks for the moral support of my fellow Viper drivers Ryan Rouleau, Pete Mansolillo, Tony Armour, et. al.
In closing, I leave you with what I think some here may enjoy. These are some of the opening lines of our petition drafted by yours truly):
"The underlying subject matter of this case involved the unfortunate damage that arises when one combines a very fast Dodge Viper with driver error and a touchy air bag sensor. That damage, however, is easily and promptly reparable compared to the precedential damage that will result if the Court of Appeals'; even faster and equally erroneous review of the evidence at trial is left to alter, indeed emasculate, the "any evidence"; standard of review established and still followed by this Court in cases involving the Court of Appeals' denial of a motion for directed verdict. In its place the Court of Appeals seeks to substitute the unpredictable and precedentially hostile approach of applying the appellate panel's own interpretation and weighing of the evidence in place of that duty already performed by a properly selected jury."
After some effort I was able to speak with Joe Houss who is as friendly and professional as can be and he was concerned, among other things, that if the club did it in my case, they'd have to do it in everyone's. My view differs from Joe's in that this is an opportunity to change what is about to be law in Georgia and, in time, its neighboring states of FL, TN, NC, SC, and AL. Nevertheless Joe said he'd ask Fiona, but I never heard back from him notwithstanding an e-mail inquiring about the status of his inquiry. Like all of us, our VCA officers have day jobs and I understand that my little case out here in the boonies just isn't as high on the priority list as the next cruise-in or tech session.
O.K., maybe I am a little bummed.I naively thought that if Congress, for example, were about to pass a law that would have a material and detrimental effect on the insurability of our just-for-fun track events, the club would endeavor at relatively modest expense to preserve this incredibly enjoyable vehicle ownership experience. I realize I was wrong.
In all truth, this affects the GA club the most directly, but the cost of the brief, which we have in our coffers, would have wiped out our surplus used for dinners and, God forbid, track tomfoolery. Nevertheless, Pete Mansolillo offered to consider this as a local club expense, but I refused. I could not in good faith deprive my fellow GA club members of all those good Italian food dinners.
The national club has generously offered more than $20,000 for our upcoming rendezvous, which will include activities at speed on the RoadAlanta track. I would not, however, count on having your accident covered should you come into contact with the substantial amounts of Armco there ! The chilling effect of this ruling on participation in the rendezvous remains to be seen. I hope it's none !
Undaunted, on the filing deadline of this Monday, March 10th, I am asking the GA Supreme Court's consideration of this matter. I hope, for all our sakes, they agree. As it stands now, this is bad law. Seriously, I am not bitter as I love our club and virtually all in it (except maybe Hoosier Daddy who on street tires schooled many of us at VIR last summer). I'm just tired and will be glad after these long 2.5 years to have this issue behind me one way or another. My pockets just feel lighter now. I would be remiss if I did not extend my special thanks for the moral support of my fellow Viper drivers Ryan Rouleau, Pete Mansolillo, Tony Armour, et. al.
In closing, I leave you with what I think some here may enjoy. These are some of the opening lines of our petition drafted by yours truly):
"The underlying subject matter of this case involved the unfortunate damage that arises when one combines a very fast Dodge Viper with driver error and a touchy air bag sensor. That damage, however, is easily and promptly reparable compared to the precedential damage that will result if the Court of Appeals'; even faster and equally erroneous review of the evidence at trial is left to alter, indeed emasculate, the "any evidence"; standard of review established and still followed by this Court in cases involving the Court of Appeals' denial of a motion for directed verdict. In its place the Court of Appeals seeks to substitute the unpredictable and precedentially hostile approach of applying the appellate panel's own interpretation and weighing of the evidence in place of that duty already performed by a properly selected jury."
