Williams Grove Speedway

A view of the guardrail in Turn 1 at Williams Grove Speedway. The fence is approximately three and a half feet high with no catch fence. (Paul Chaplin | pchaplin@pennlive.com)

CARLISLE — A signature on a piece of paper could determine the future of John Westbrook and Williams Grove Speedway.

Every driver is required to sign a waiver each time they enter the pit area and before they turn a lap. It's supposed to protect the speedway from being sued if a competitor is injured in an accident during a racing event.

On the evening of Sept. 5, 2008, Westbrook signed his name on this document at the pit shack and drove into the pit area. Hours later, he suffered injuries in a crash that left him a quadriplegic.

Westbrook had contact with another car and flipped over the guardrail in Turn 1. His car went down a steep drop-off — 16 feet according to experts — that leads to an access road outside the racing surface.

David Inscho, attorney for Westbrook, is claiming that the lack of a catch fence in Turn 1 caused his client's injuries. The prosecution is seeking $6 million in medical care expenses. They are also suing Williams Grove for pain and suffering and the loss of enjoyment of life.

Williams Grove attorney Brigid Alford contends that Westbrook knew the risks involved with racing and that he signed a release.

On Wednesday, Westbrook testified that he had never read the release, to which Inscho followed up with, "Why?"

"A lot of times, I left work early to get in line at the track," Westbrook said. "If you didn't get in line early, you waited on Williams Grove Road to get in.

"It kind of like controlled chaos. You sign your name and get back in the truck. There are all these big rigs going through a gate the width of a pick-up truck. Holding up the line, it backs up on to the road.

"They just want to get you in and get things started."

Westbrook was also asked if he knew of any other person that has read the release and if anyone at the pit shack explained the release. His answer to both questions was, "No."

Inscho pulled out the 2008 Williams Grove Speedway rulebook and went over the suggested safety procedures. Westbrook was in compliance with all 14 recommended safety items.

The rulebook also contained language that a driver injured at Williams Grove would be taken care of by a third party, to which Inscho asked Westbrook to read the entry to himself and tell the jury what he thinks it means.

"What I interpret that to be is that a third party would take care of me if something happened," Westbrook said.

Inscho then asked Westbrook if he thought signing that sheet meant he was on his own, and he said, "No."

Westbrook testified that he was fed up with racing when he returned home from the hospital, but that he made his way back to the track at the urging of fellow competitor Scott Geesey.

Since then, Westbrook has been involved in the sport. He was a crew chief and has been listed as the owner of a 358 Sprint Car team in 2013 and 2014. His drivers, Eric Tomecek and now Brock Zearfoss, have competed at Williams Grove.

Westbrook indicated to the jury that he does not fund his own car. That, he wouldn't be able to field a car if not for sponsors and the people that were with him before the accident.

According to Westbrook, he does not tell his drivers to compete at Williams Grove Speedway. Inscho then asked his client "If you could get in a race car, would you race at Williams Grove?"

Westbrook replied, "At this point in time, no. The issues there need to be addressed."

The trial started Monday with jury selections and opening arguments. Testimony from the prosecution took place Tuesday and Wednesday.

Inscho wrapped up his case Wednesday, asking Westbrook "Did you ever have a discussion with Justin Loh [manager of Williams Grove Speedway] about the drop-off in Turn 1?"

"I told him that I have a contractor friend that is willing to haul material in for him," Westbrook testified. "They were having some sewer system being done, and Justin said he would check it out with Kathy [Hughes, owner of Williams Grove Speedway] and get back to me.

"I never heard from him."

Alford will cross examine Westbrook Thursday morning before presenting witnesses for the defense.