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Mike Wallace lawsuit for injuries suffered in beating moves to federal court

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A lawsuit former NASCAR driver Mike Wallace and his family filed for injuries suffered in a beating after a Rascal Flatts concert last year has moved to federal court.

The lawsuit was filed May 30 in North Carolina Superior Court but moved to federal court in late June.

Wallace and his family are suing Pavilion Partners, which owns PNC Pavilion, the concert facility, and Live Nation Entertainment, which owns Pavilion Partners, and Legends Hospitality, which provided food and drink the night of the concert on June 17, 2016.

Among the claims in the Wallace lawsuit is that Pavilion Partners and Live Nation failed to have an “adequate number” of security officers around the VIP parking lot, failed to intervene during the beating and took no action to prevent the alleged attackers and their party from drinking excessive amounts of alcohol in the VIP parking lot. The suit also states that Legends “served copious amounts of additional alcoholic beverages to the alleged attackers and their party during the concert.’’

MORE: Listen to 911 calls from the incident

Paul Lucas was cited with four misdemeanor charges, and his brother, Nathan, and Randolph Taylor Mangum were cited with two misdemeanor charges each in the incident.

The trial ended in a mistrial when prosecutors realized that potential witnesses had been in the courtroom for some testimony. A new trial was never scheduled, and the charges were later dropped at the request of Wallace and his family.

According to Wallace’s suit, the incident started after the show when Wallace, “in a friendly manner, asked how the group enjoyed the concert.’’

The suit states that Nathan Lucas began yelling obscenities at Wallace and launched himself from the back of a pickup truck at Wallace, striking Wallace in the head. Wallace lost consciousness, according to the suit, but Lucas continued to punch Wallace.

The suit states that Wallace’s daughter, Lindsey Van Wingerden, went to protect her father but she was grabbed and choked by another member of the group and repeatedly punched and kicked. She eventually got up before Paul Lucas, according to the suit, knocked her to the ground and repeatedly kicked her in the stomach and chest. Her husband sought to protect her and was repeatedly kicked and punched.

The civil suit states that Wallace suffered a likely concussion, lost a tooth, had 12 stitches inside his mouth and that his “entire body was covered with bruises for weeks following the assault.’’

The suit also states that Wallace continues to suffer from blurred vision in his right eye and is unable to race because of the eye injury. The suit states Wallace had to turn down an opportunity to drive multiple Monster Energy Cup races and missed on the chance to earn $200,000.

Wallace’s daughter suffered a broken wrist and broken ribs. The suit states that she has been diagnosed with post-traumatic stress disorder and “has had an enormously difficult time readjusting to ‘normal life.’ She lives in constant fear of being attacked in places where she otherwise would feel safe.’’

Van Wingerden’s husband, Thomas, suffered a dislocated shoulder, cut lip and abrasions. Wallace’s wife was bruised.

Wallace and his family are suing for gross negligence. They seek actual and punitive damages.

Click here to view lawsuit

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NASCAR America: Should penalty for failing inspection be more severe?


After 13 cars failed qualifying inspection last Friday at Auto Club Speedway, NASCAR America’s analysts addressed the current state of rules that resulted in all thirteen teams not getting to make a qualifying attempt.

While Kyle Busch said the issues are “not that big deal,” especially with the new scanning system still in its infancy, Jeff Burton disagrees. Burton points to how much engineering has become involved in the sport and trying make cars better with NASCAR’s rules.

“It’s snowballed into this great big bag of rules,” Burton said. “We have all these rules that the teams have forced NASCAR to create. I don’t know the way out of it. There’s two ways to do it. You make the penalties harsher, with the theory being they won’t do it if the penalty is so harsh, or you have less rules. The problem is if you have less rules you’re going to have more cars that aren’t within those rules as they are.”

After the issues in Cup qualifying, NASCAR told Xfinity Series teams on Saturday that any team that did not attempt a lap in qualifying would start from the rear of the field and be required to serve a pass-through penalty once the green flag waved.

“It is a mess, but I disagree with Kyle (Busch), it is a big deal,” Burton said, citing fans who don’t get to see their favorite driver qualifying. “That’s not good. That’s not good for sponsors, that’s mainly not good for mainly race fans. If race fans tune in and their guy isn’t on track, why are they going to tune in next week? They deserve to see their guy on track. It’s got to get fixed.”

NASCAR announced Monday that inspection this weekend at Martinsville Speedway would take place after qualifying and would also serve as pre-race inspection.

Jarrett, who said there are too many rules, agreed with Burton.

“The only way of fixing this is making the penalty so severe that these teams aren’t going to take any chances,” Jarrett said.

Watch the above video for more.

NASCAR America at 5 p.m. ET: Auto Club Speedway recap, West Coast Awards

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Today’s episode of NASCAR America airs from 5-6 p.m. ET on NBCSN and looks back at the weekend’s racing at Auto Club Speedway.

Rutledge Wood hosts with Jeff Burton, Kyle Petty and Dale Jarrett from the “Big Oak Table” at NBC Charlotte.

What to expect from the show.

  • Martin Truex Jr. flashed his championship form from last year and earned his first win of the 2018 season Sunday in Fontana. We’ll recap the last race of NASCAR Goes West from around the “Big Oak Table” at our NBC Sports studios in Charlotte. Plus, Rut and the gang will hand out the West Coast awards, honoring the best moments from the Vegas-Phoenix-Fontana run.
  • NASCAR is a sport built on families, and it’s seen lots of kids grow up at the track through the years. We’ll spend time discussing the next generation to catch the racing bug – including Harrison Burton, son of our Jeff Burton.

If you can’t catch today’s show on TV, you also can watch it via the online stream at http:/

If you plan to stream the show on your laptop or portable device, be sure to have your username and password from your cable/satellite/telco provider handy so your subscription can be verified.

Once you enter that information, you’ll have access to the stream.

Click here at 5 p.m. ET to watch live via the stream.

Landon Cassill gets Cup ride for Martinsville, Texas

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Landon Cassill will drive the No. 00 for StarCom Racing in the next two races, Martinsville and Texas, the team announced Monday.

Cassill replaces Jeffrey Earnhardt. StarCom Racing and Earnhardt parted ways after Sunday’s race at Auto Club Speedway.

Sunday’s race at Martinsville Speedway will mark Cassill’s first Cup race of the year. The 28-year-old has 259 career Cup starts and a career-best finish of fourth at Talladega in October 2014. He drove for Front Row Motorsports the past two seasons but was not retained after last year.

Cassill’s sponsor the next two races will be the United States First Responders Association, a non-profit, professional and social network of fire, EMS, rescue, law enforcement and military personnel, as well as civilian support teams.

StarCom Racing was privileged to acquire a new partnership with USFRA and Landon Cassill behind the wheel,” said Derrike Cope, team manager, in a statement. “I’m optimistic that his knowledge and experience will only help our efforts as well as the growth of our team.”

Said Cassill in a statement: “I love working with new teams. I feel like that is one of my strengths. StarCom Racing looks like they are in it for the long haul, and I am thrilled to be a part of it.” 

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Hendrick Motorsports withdraws appeal of Phoenix penalties against No. 9 team

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Hendrick Motorsports has withdrawn its appeal of penalties against Chase Elliott‘s N0. 9 team from last weekend’s race in Phoenix, NBC Sports confirmed.

NASCAR found a L1 infraction on Elliott’s car in the rear-suspension after the race at ISM Raceway.

NASCAR stated that the team’s truck trailing arm spacer/pinion angle shim mounting surfaces must be planar and in complete contact with corresponding mating surfaces at all points and at all times.

NASCAR fined crew chief Alan Gustafson $50,000, suspended car chief Josh Kirk two races and docked Elliott 25 points and the team 25 owner points. Elliott’s third-place finish in the race will not count toward any tiebreakers.

Following Sunday’s race at Auto Club Speedway, where Elliott finished 16th, he is 21st in the point standings.

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