Motocross death brings lawsuit for negligence

The parents of a 17-year-old boy killed on the motocross track at Marysville's Beckwourth Riverfront Park have filed a lawsuit alleging negligence by the track operator and a Sacramento ambulance company.

Benjamin Turner of Sacramento died June 21 of a fractured neck after he was thrown over the handlebars of his motorcycle. His parents, David and Jan Turner, filed the lawsuit in November in Sacramento County Superior Court.

Named as defendants are the ambulance company, TLC Transportation Inc., and E Street MX, the track operator.

The defendants "negligently cared for, diagnosed and treated (Turner), and failed to exercise the standard of care and skill ordinarily and reasonably required of a full service ambulance company," causing Turner's death, according to the suit filed by Sacramento attorney Joseph J. Babich.

Failure to promptly take Turner to nearby Rideout Memorial Hospital contributed to his death, the suit alleges.

A TLC Transportation ambulance was stationed at the track under a contract with E Street MX. But a local company, Bi-County Ambulance, was called after the accident and transported Turner to the hospital.

Turner, who had complained that he was unable to breathe, died before the ambulance reached the hospital, Marysville police said at the time.

Authorities did not say how much time elapsed between the boy's removal from the track and the arrival of Bi-County Ambulance.

E Street MX owner Scott Davis declined comment Tuesday.

In a court brief filed in response to the lawsuit, E Street MX attorney Keith G. Bremer of Newport Beach said Turner signed a release before racing and "failed to exercise ordinary and reasonable care or caution for his own safety," ruling out an award to his parents.

The response also states that the lawsuit fails to state sufficient facts about the accident and was not filed in time under a statute of limitations.

TLC Transportation attorney Douglas G. Mackay of Rancho Cordova wrote in his response that fault, if any exists, lies with "independent, non-affiliated persons" who were not acting on behalf of the ambulance company.

Turner's death was at least the third at the track since 1997. The first two deaths occurred under a different operator. Davis, who also operates the Shad Pad motorcross track south of Marysville, took over in February 2007.

E Street MX leases the land from the city of Marysville, which receives a portion of racing profits.

Babich said it will take at least a year to resolve the lawsuit. No court hearing is scheduled, he said.