An $11 million wrongful-death lawsuit has been filed on behalf of the estate of Kenneth D. Fox of Lansing, Mich., by lawyer James Graves.
Fox was killed when a crash involving the car of Adrian Fernandez sent a tire and other debris flying into the stands.
Michael Tautkus and Sheryl Laster, both of Milan, Mich, were also killed in the accident.
The lawsuit contends that Michigan Speedway was negligent, citing modifications done at Indianapolis Motor Speedway after a 1987 crash there sent a tire over the fence and into the stands killing one person. The fence at Indianapolis Motor Speedway has since been modified and now stands at nineteen feet, eight inches.
In July, when the accident occurred, the four foot wall at Michigan Speedway was topped by an eleven foot fence that angled over the track to prevent debris from entering the stands. Since the accident, Michigan Speedway has extended the fence to stand fifteen feet tall.