Patrick Fischer of Midlothian filed the lawsuit in U.S. District Court in Greeneville in August 2017, naming BMS 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 walking into 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 about the floor’s condition, the lawsuit states.
In February 2019, 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 the lawsuit could be refiled at a later date).
At the time, Meade gave this explanation for withdrawing the suit.
“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 re-filing 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.”
Meade refiled the lawsuit on Feb. 7 — within one year of the withdrawal — which is a requirement of the federal rules of civil procedure.
THE LAWSUIT’S 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.
Fischer is again seeking $2 million in compensatory damages.