And this time the matter cannot be refiled.
Patrick Fischer of Midlothian filed the original 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.
In the lawsuit, Fischer claimed he slipped on some clear liquid in a restroom and fell to the floor while attending the Bass Pro Shops NRA night race in 2016. He also claimed there were no wet floor signs, markers or any other type of warning of the floor’s condition.
As a result of his fall, Fischer claimed he suffered painful and disabling injuries to his back, right shoulder and right elbow. Furthermore, Fischer claimed he was rendered sick and sore in body and mind, suffered from varying degrees of pain and has been prevented from engaging in normal life activities.
In February 2019, Johnson City attorney Mac Meade gave notice of a voluntary dismissal of the lawsuit without prejudice (meaning, the lawsuit could be refiled at a later date). The reason for the voluntary dismissal was due to scheduling difficulties in the discovery phase.
Meade refiled the lawsuit on Feb. 7 of this year, within one year of the withdrawal, which is a requirement of the federal rules of civil procedure.
The $2 million lawsuit again claimed that BMS and Speedway Motorsports were negligent by failing to inspect and maintain their facilities, for not mopping up spills and/or puddles of water in the restrooms and allowing a dangerous condition to continue.
THE LATEST MOTIONS
In a response filed in April, BMS denied all of Fischer’s claims and said that any alleged injuries were the result of circumstances beyond the company’s control.
Earlier this month, both sides filed a joint motion, again with Fischer voluntarily dismissing the lawsuit. This time, the dismissal was done with “prejudice,” meaning the lawsuit could not be refiled.
Meade told the Times News he was not permitted to comment on the outcome of the case.
Suzanne Cook, attorney for BMS, said Fischer decided to dismiss his case again, and this dismissal means that he will never refile it.