Kingsport Times-News: Virginia man withdraws $2 million lawsuit against BMS
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Virginia man withdraws $2 million lawsuit against BMS

Matthew Lane • Mar 2, 2019 at 9:00 PM

GREENEVILLE — A Virginia man who filed a $2 million lawsuit against Bristol Motor Speedway, claiming he slipped and fell in the restroom, has voluntarily withdrawn his lawsuit.

Patrick Fischer of Midlothian filed the lawsuit in U.S. District Court in Greeneville in August of 2017, naming tBMS and Speedway Motorsports as the defendants. Midlothian is a town of approximately 50,000 located about 15 miles west of Richmond.

According to the lawsuit, Fischer attended the Bass Pro Shops NRA night race in 2016 and, at some point, went to the bathroom. Upon entering the restroom, Fischer claims, he slipped on some clear liquid and fell to the floor.

There were no wet floor signs, markers or any other type of warning of the floor’s condition, the lawsuit states.

THE LATEST FILINGS

Earlier this month, Johnson City attorney Mac Meade filed a notice of non-suit with the court on behalf of Fischer. The filing gave notice of a voluntary dismissal of the lawsuit without prejudice, meaning that the lawsuit could be refiled at a later date.

“A notice of non-suit was filed ... in (Fischer’s) case due to scheduling difficulties in the discovery phase, but we anticipate continuing to work towards a favorable resolution ... through any and all means necessary, including refiling the suit within the applicable time limitation,” Meade said in a statement to the Times News. “It remains our position that Bristol Motor Speedway has a duty to provide a safe environment for those that attend events and use their facilities.”

Suzanne Cook, the attorney representing BMS in the matter, said in an email to the Times-News, “We are advised by plaintiff’s counsel that the plaintiff has chosen not to pursue his case further at this time.”

THE LAWSUIT CLAIMS

As a result of his fall, Fischer claims he suffered painful and disabling injuries to his back, right shoulder and right elbow. Furthermore, Fischer claims he has been rendered sick and sore in body and mind, suffers from varying degrees of pain and has been prevented from engaging in normal life activities.

The lawsuit states Fischer has incurred medical expenses as a result of the slip and fall.

According to the lawsuit, BMS and Speedway Motorsports were negligent by failing to inspect and maintain the facilities, for not mopping up spills and/or puddles of water in the restrooms and allowed a dangerous condition to continue.

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