A Miami law firm announced its plans Monday to file a lawsuit against a NASCAR driver accused of assaulting a 62-year-old security guard at the Homestead-Miami Speedway last month. Russell Dohan, an attorney with Goldberg & Dohan, said the lawsuit against NASCAR driver Kasey Kahne would be filed Monday in Miami. Kahne, 27, is charged with one count of battery against Archibald Hutchison, who was working as a security guard at the speedway for a race Nov. 16 when the incident allegedly occurred. According to a Homestead police report, Kahne was attempting to access a restricted recreational vehicle parking lot on a golf cart after he finished driving his racecar when Hutchison stopped him and asked him for credentials. Kahne stated that he was a driver and didn't need any, then got out of the golf cart and tried to walk through the gate, the report stated. When Hutchison blocked the entrance and asked Kahne for credentials again, Kahne pushed Hutchison to the ground, according to the report. The report said Kahne was stopped and detained by law enforcement officers who witnessed the incident. He was arrested later that day and released on the signed condition that he appears in court. Hutchison, who was advised not to let any unauthorized people through gate 208 without exception, was treated at the speedway's medical facility for minor bruises and abrasions, according to the report. Dohan said Hutchison hasn't been able to return to work because of his injuries. Dohan said his client has suffered emotionally from the incident and is "getting killed" by NASCAR fans on Web site blogs. He also said he planned to have his client speak with the media about the lawsuit at a news conference planned for Tuesday.
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medical facility for minor bruises and abrasions, according to the report. Dohan said Hutchison hasn't been able to return to work because of his injuries. Dohan said his client has suffered emotionally from the incident and is "getting killed" by NASCAR fans on Web site blogs. He also said he planned to have his client speak with the media about the lawsuit at a news conference planned for Tuesday.
Overall I believe Kahne is wrong and that does constitute battery but the above part made me laugh a little. If he only sustained 'minor' bruises and abrasions (scrapes) how can he not return to work? If a bruise is preventing me from working I think it would be a little more then a minor bruise. Also, how can he be suffering emotionally, he was pushed, Kahne didn't insult his mother then kill his dog. If he doesn't like what people on the internet are saying then stop reading it.
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Met Kahne back in 2004. He was a real down to earth, nice guy. Got his autograph too
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I'm disappointed Kahne's gotten involved in this incident. There really isn't an excuse for not just showing his creds.
I'm curious, though, to see what this Hutchison looks like. Kahne's "official" stats are 5'8" and 150 lbs, but I'd guess he's probably closer to 5'6" and 135-140. He's a tiny little twig of a guy. And he hurt him so horribly that he can't return to work? Yeesh. And including NASCAR fan blog entries in the lawsuit is ridiculous.
Whoop. Maybe we better watch what we say. He might find this site, too.
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Sounds like Kahne was feeling a little too self important at the moment and decided to do what he wanted to do, regardless of what the rules were. How big of a deal would it have been to show the guard his credentials or call someone from his team to bring them to the gate?
The world is filled with self important jerks who think the rules don't apply to them. There's no room for any more.
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I agree with you that Kahne was being a jerk (painful as it is to admit... heck, my folks got me a #9 Kasey Kahne fleece throw for Christmas!), the guard's lawsuit is ridiculous. He's suing for:
Bodily injury
Pain and suffering
Disability
Physical impairment
Disfigurement
Mental anguish
Inconvenience
Loss of capacity for the enjoyment of life
Aggravation of an existing disease or physical impairment
Activation of a latent disease or physical impairment
Expense of hospitalization, medical and nursing care and treatment in the past
Expense of hospitalization, medical and nursing care and treatment to be so obtained in the future
Earnings lost in the past
Loss of ability to earn money in the future
I think it's a little ridiculous to come up with that list for being shoved.
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