Allen Davis, a spectator who was hit in the head by a piece of debris while sitting in the upper deck of the Daytona International Speedway during the 2013 season-opening Xfinity Series race, filed a lawsuit Wednesday against the racetrack, its parent company and NASCAR.

According to the complaint, filed in U.S. District Court in Orlando, Davis "was struck in the head by a heavy piece of debris and suffered a catastrophic, traumatic brain injury." The complaint does not list a specific amount being sought in damages.

More than 30 fans were injured during the 2013 season-opening Xfinity race at Daytona when Kyle Larson's car got up into the catch fence coming to the checkered flag. Jerry Markland/Getty Images

More than 30 fans were injured in the Feb. 23, 2013, accident where Kyle Larson's car got up into the catch fence coming to the checkered flag. Larson's car hit an area of fencing known as the crossover gate, where the fencing can be removed so fans and officials can cross the track prior to and following the race.

The gate buckled, tearing the car apart and allowing pieces of Larson's car, including a tire-and-wheel-assembly, to enter the grandstands. Larson's engine ended up on the spectator side of the fence in the area between the fencing and the seats.

The lawsuit claims that NASCAR, the speedway and speedway's parent company, International Speedway Corp., were negligent "by failing to develop and utilize a racing methodology that prevents pack racing and the inherent hazards it causes; by failing to develop and utilize effective technology to prevent race cars from becoming airborne during crash situations; [and] by failing to properly design and/or construct catch fences and crossover gates to assure race car debris cannot penetrate fences during crash situations."

An ISC spokesman said the company has no comment on the lawsuit.

After that accident, Daytona (and its sister track, Talladega Superspeedway) added tethers to the crossover gates as well as additional cabling. It eventually changed the way the walls are constructed in those areas.

The track, according to the complaint, was "creating a known weak spot in an already inadequate catch fencing by installing the fan crossover gates. The crossover gates were designed and installed solely for profit in order to sell higher-value ticket packages and to increase the fan experience so they would continue purchasing tickets to races at the Speedway, which generated additional revenue."

At Daytona, as part of a grandstand renovation project set to be complete by January, fans can no longer walk between the grandstands and the fence. Instead, they walk up from behind the grandstands to the middle level and down to lower-level seats. The seats are also about 15 feet farther back.

Tracks, according to filings with the U.S. Securities and Exchange Commission, are required by NASCAR to carry $50 million in insurance. ISC's deductible at the time was $1.5 million, and it reported spending $1.1 million of that within six weeks of the accident.

ISC already has settled with several fans injured by debris from the Larson accident; the statute of limitations for these cases in Florida is four years.

In July, five fans were treated for injuries after Austin Dillon's car slammed into the catch fence on the last lap of the Sprint Cup race at Daytona.