Racing ways at Lebanon Valley ruin big pay day
This past June’s ‘‘Eve of Destruction’’ racing weekend at Lebanon Valley Speedway turned out to be exactly that for a Dutchess County man’s $5 million injury claim.
Albany Attorney John William Bailey noted the civil case stands as a somewhat amusing example of how a person can come close to landing a large monetary award exaggerating their injuries.
Former trucker Richard Roger of Rhinebeck filed a $5,826,784 claim against Kemper, Lumbermans, Unitrin Insurance Co. for a car crash he was in on his way home from work in Aug., 2007, on Route 9 in Rhinebeck, according to court records.
The case went before White Plains arbitrator attorney Howard I. Bushin and according to a copy of his final decision in the case, Roger claimed he could not return to work, ride his ATV, operate his boat, play with his children or even take short walks because of his injuries from the crash.
He was asking for a monetary award from the other drivers’ insurance company.
Bailey, who represented the insurance company, said the final hearing on the matter was held on June 30, when Bushin was to make his decision.
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‘‘The arbitrator even told me was inclined to believe the man,’’ Bailey said.
But on June 29, the day before that hearing, Bailey got a tip to show up at Lebanon Valley Speedway that night with a video camera and watch a night of racing dubbed ‘‘Eve of Destruction.’’
‘‘I could not believe what I was seeing,’’ Bailey said. ‘‘This guy is driving a race car and wrecks on the final lap of a heat and his car starts on fire. He then squirms out through the window jumps around and starts waving at the crowd.’’
Roger competed in an eight-lap race in the pure stock division, according to the speedway’s website. Despite the crash, he finished ninth in a field of 15.
The next morning before the arbitrator, Roger’s demeanor was quite different, according to Bailey and Bushin’s decision.
‘‘He moved slowly, moaned and repeatedly grimaced,’’ Bailey said. '‘It was hysterical. He said his life was ruined in the accident. I could not wait for my first question on cross examination: ‘Mr. Roger, what did you do last night?’’
Bushin wrote in his decision that Roger at first denied he was in a race car and also noted that his attorney Steven M. Melley of Rhinebeck was quite surprised by the turn of events.
‘‘After he was interrogated by his attorney he retracted his previous denial,’’ Bushin wrote.
Bushin concluded in denying the large award that the case ‘‘was indicative of significant symptom magnification and he is certainly not nearly as disabled as he would have us believe.’’
Roger was awarded $25,000 in damages as the other driver in the 2007 crash was underinsured, according to the decision.
Contacted in his Rhinebeck office, Melley said he and his client could not comment.
Bailey will not soon forget the protest song written by P. F. Sloan in 1965 and made popular by singer Barry McGuire.
‘‘That ‘Eve of Destruction’ song, I just could not get the damn thing out of my head while I was waiting to cross examine Mr. Roger,’’ Bailey said.
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