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The petition notes that only days before Russell's death,
his crew chief, Wayne Dupuy, met with NHRA officials including
Graham Light, Ray Alley, Rich Shrek and Don Taylor and discussed
concerns with the 2096 tires. "Darrell's crew chief directly
asked the NHRA representatives if they were going to recall
the 2096 tires soon or wait until someone was injured or killed.
The NHRA response was that the tire was safe and it must be
used, period."
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The
petition notes that although Goodyear and NHRA claimed that
the failures "must have been caused by debris, track
conditions or cars setup," the tire problems persisted
over several weeks regardless of track or car. Cars in other
classes which were not required to use the 2096 tire did not
experience an increase of tire failures during this time period.
"Were they somehow able to drive around the alleged debris
that caused the 2096s to continually fail?"
The petition makes note of the fact that since Goodyear and
NHRA quit using the 2096 model tire, the number of tire failures
has dramatically decreased.
"Top Fuel dragsters were never given the option of using
an alternative tire in order to participate in races, maintain
their sponsorships, and perform their jobs to provide for
their families while Goodyear and NHRA adequately tested the
2096 tire. By their egregious actions, Goodyear and NHRA knowingly
placed every Top Fuel and Funny Car driver at risk of death
and essentially turned them into unknowing test pilots for
Goodyear's and NHRA's own financial benefit."
The petition also alleges that Goodyear and NHRA covered
up the responsibility for the fatal incident since, over a
year later, there still has been no written or oral report
released.
SIMPSON
The suit alleges that Simpson Helmets, Inc. is liable for
defect in the design, formulation, manufacture and/or construction
of the helmet.
"This helmet suddenly and without warning failed while
being used during operating conditions of which Defendant
Simpson was aware and Defendant Simpson represented that the
helmet was sufficient for such conditions."
The petition alleges "the helmet was defective because
when it left Defendant Simpson's control the helmet did not
conform with representation(s) made by Defendant Simpson concerning
the character or quality of the helmet. Plaintiff and Darrell
relied on these representations and Darrell was fatally injured
as a result of non-conformity with Defendant Simpson's specific
representations."
The petition also alleges that Simpson was aware that a safer
alternative helmet for Top Fuel use was available.
DAMAGES
 No specific dollar amount was asked for. In addition to compensation
for her pecuniary loss; loss of companionship and society;
loss of inheritance; loss of love and affection; loss of consortium;
and mental anguish damages, Mrs. Russell also asks for exemplary
(punitive) damages to be determined at trial.
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