By Walter Elliott

ORLANDO, FL -January 8, 2007- An attorney representing the estate and family of the late Lake County Sheriff Chris Daniels said he had filed a wrongful death suit against the owners of New Smyrna Speedway here at the Volusia County Court House Dec. 28. The suit is the latest development of an Oct. 14 charity school bus race at NSS in which Daniels was killed.

Orlando attorney James R. Provencher said that the suit accuses NSS owners Hart Land & Cattle Corp. of negligence in preparing the school buses and conducting the Fifth Annual Battle of the Badges. The eight-page document particulary cites the removal of outside mirrors, spraypainting over windows, failing to provide proper restraint, failing to provide front-door locking devices and not providing appropriate rules and driver training.

The suit seeks at least $15,000 in damages, including medical and funeral expenses, "mental pain and suffering" for Daniels' immediate family, and to prevent further racing accidents at NSS. The "Orlando Sentinel" said the amount is the minimum for a civil complaint to be hear in county circuit court. Provenchier represents Daniels' widow, Michelle, their three children and their eseate manager.

A second similar suit filed the same day against the Florida Association of Stock Car Auto Racing. The filings came after the Florida Highway Patrol ruled Dec. 2 that Daniels' fatal accident was accidential and not of a criminal act. The FHP report stated that while Daniels' seat belt was functioning, he may have unbuckeled it during the scheduled 15-lap race. That and the open right front door were among the factors the report found to have contributed to Daniels' lethal injuries. Daniels was ejected in a lap 12 collision with Seminole County Sheriff Don Eslinger and was run over by his own and Eslinger's buses. The first-time bus driver was celebrating his 47th birthday among family, colleagues and NSS spectators. Volusia County Sheriff and host Ben Johnson, who said no one was seriously injured in the race's previous four runnings, cancelled future Battle of the Badges races - a fundraiser for the Florida Sheriffs Youth ranches.

Provencher, without discussing the Daniels bus belt's condition, keyed on the lack of a racing harnesses required on other classes in FASCAR races at NSS Dec. 29.

"We can't let this company continue to operate these events without rules and and properly equipped vehicles," said Provencher to The Daytona Beach News-Journal. "Any race on any level, whether amateur or professional, you'd have to have a four- to five-point harness. To take 20-year- old buses and 20-year-old lap belts and call that properly equipped for racing, that's a bad idea."

NSS General Manager Terry Roberts said to the News-Journal Dec. 28 that he had no comment on continuing litigation. Ray Warren, an attorney for Hart land & Cattle, said "Culture eats procedure for breakfast. All the rules in the world won't change an individual decision by a participant."

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