[MRM]

That was a thoughtful and well written article. Most of the concerns expressed above about runaway litigation are valid but not an issue in this case.

As Dave and others point out, this case boils down to: why was the Ferrari entering the track at that time, and did the CGT driver react correctly? The reason all the other theories and defendants are included in the lawsuit is because, with some exceptions, any claim that is not made in the initial pleadings is waived. You can usually amend the pleadings to join parties and add theories, but including it in your original complaint is the only way to make sure.

So good practice has the lawyer pleading all possible theories and joining all possible parties to make sure that he hasn't lost any avenues of recovery as evidence is uncovered during discovery. You know why the lawyer is so diligent in covering all the bases? Because if he doesn't, and the case takes an unexpected turn and one of those theories he didn't pursue turns out to be the cause of the accident, the lawyer will be the one who gets sued next.

So don't worry too much that wild theories are being bandied about. The case will turn on the tragic but relatively simple issue of who had the right of way. Too bad two people died because of the mistakes of others.