# NASCAR 1, Marijauna 0...

**URL:** <https://boards.straightdope.com/t/nascar-1-marijauna-0/55035>\
**Category:** The BBQ Pit\
**Created:** [February 19, 2001, 1:52am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035 "2001-02-19T01:52:04Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Ice\_Wolf](https://avatars.discourse-cdn.com/v4/letter/i/dfb087/32.png) [@Ice\_Wolf](https://boards.straightdope.com/u/Ice_Wolf)\
**Post date:** [February 19, 2001, 2:54am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/21 "2001-02-19T02:54:15Z")

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> [@](#):
>
> _Posted by racinchikki_  
> It’s really hell when you accidentally light up a cock.

Oh? Do tell us more.

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**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\
**Post date:** [February 19, 2001, 2:55am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/22 "2001-02-19T02:55:57Z")

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> [@](#):
>
> \*Originally posted by Origato \*  
> \*\*Anyone want to take a bet on whether Mrs. Earnhardt will try to sue someone over this _wrongful_ death?
> 
> She’s already thinking about it, I guarantee. \*\*

Direct quote from **Billdo** (who is sacked out on the daybed with an assortment of dogs):

“Gah gah! She can’t! Gah gah gah…assumption of risk…GAH! Listen shcmucko, knowing assumption of the risk in a hazardous sport is different from the unknown risks of an uncontrolled psychoactive chemical substance. Putz.”

I was about to hit “submit” when Billdo said “Wait! Did you mention that that was my considered legal opinion?” and smooched one of the dogs.

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**Author:** ![Silo](https://avatars.discourse-cdn.com/v4/letter/s/ac91a4/32.png) [@Silo](https://boards.straightdope.com/u/Silo)\
**Post date:** [February 19, 2001, 2:59am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/23 "2001-02-19T02:59:08Z")

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Pretty lame.

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**Author:** ![El\_Kabong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_kabong/32/496_2.png) [@El\_Kabong](https://boards.straightdope.com/u/El_Kabong)\
**Post date:** [February 19, 2001, 3:07am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/24 "2001-02-19T03:07:54Z")

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**Revtim** busts in with:

> [@](#):
>
> Well, I see Origato’s point. Marijuana is illegal becaused it’s supposed to be dangerous to the user, yet other activites that are clearly more dangerous are not banned.

Then perhaps the OP should have stated, “Since racing drivers are free to kill themselves, let’s legalize cannabis.” Still rather tasteless, IMO, but at least it would have made a bit more sense.

**Origato** , still plugging away, said:

> [@](#):
>
> Anyone want to take a bet on whether Mrs. Earnhardt will try to sue someone over this wrongful death?
> 
> She’s already thinking about it, I guarantee.

Well, as I see no evidence that you are privy to the mental state of anyone in the Earnhardt family, I don’t think you can actually make any guarantees in this regard.

As Earnhardt was a combined owner/driver, it’s unclear who might be sued in this case and for what, especially if, as has been hinted, he chose not to wear an article of safety equipment that might have reduced the severity of his injuries. In any event, I think you will find that lawsuits filed by the survivors of a driver killed in a racing accident are rare things indeed.

If someone knows of such a case, feel free to post it.

Otherwise, that’s all time I’m going to waste on this subject.

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**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\
**Post date:** [February 19, 2001, 3:12am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/25 "2001-02-19T03:12:18Z")

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**Billdo** sez: “Gah! Th-th-tha-that’s what I meant! Assumption of risk. Gaaaaahhh!”

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**Author:** ![Green\_Bean](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/green_bean/32/1760_2.png) [@Green\_Bean](https://boards.straightdope.com/u/Green_Bean)\
**Post date:** [February 19, 2001, 3:13am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/26 "2001-02-19T03:13:33Z")

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**Green Bean** sez: “preview is my friend.”

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**Author:** ![El\_Kabong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_kabong/32/496_2.png) [@El\_Kabong](https://boards.straightdope.com/u/El_Kabong)\
**Post date:** [February 19, 2001, 3:26am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/27 "2001-02-19T03:26:21Z")

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Didn’t mean to step on your post, **Green Bean**. I was composing at the same time you were.

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**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\
**Post date:** [February 19, 2001, 3:31am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/28 "2001-02-19T03:31:31Z")

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Just out of idle curiosity, exactly how many NASCAR races have been held on the public streets which were not restricted from public access?

Failing to prove any number higher than zero makes your “comparison” equal to “pulled out of your ass.”

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**Author:** ![Origato](https://avatars.discourse-cdn.com/v4/letter/o/b2d939/32.png) [@Origato](https://boards.straightdope.com/u/Origato)\
**Post date:** [February 19, 2001, 3:40am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/29 "2001-02-19T03:40:25Z")

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> [@](#):
>
> \*Originally posted by Rocket88 \*  
> \*\ ***Origato** , I don’t think you’ve got a valid analogy there, but setting that aside for the moment, pro-level racers are fully aware of the risks involved, and choose to accept those risks as part of the game.
> 
> Despite his reputation for ham-handed tactics on the track (mostly from early in his career) Earnhardt apparently was well liked and highly respected by the NASCAR community. There will certainly be plenty of soul-searching following his tragic crash. OTOH, you are unlikely to see anyone in NASCAR, including members of his family, suggest that the sport should be banned.
> 
> \*\*

I AM FULLY AWARE OF THE RISKS OF SMOKING POT, SHITHEAD, I’VE BEEN DOING IT FOR 28 YEARS, YET NOBODY HAS DIED AS A RESULT, DIPWAD!!!

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**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\
**Post date:** [February 19, 2001, 3:47am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/30 "2001-02-19T03:47:12Z")

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Actually, Rocket88, **Green Bean** ’s post of my sputtering was in response to your post (and her “preview is your friend” comment was in response to her failure to close the bold).

Now that I’ve had a chance to regain some of the composure I lost over the idiocy of this thread: “Assumption of the risk” is a legal doctrine under which a person who voluntarily engages in a risky activity with knowledge of the risks cannot recover in a suit if injury or death was caused by reason of those known risks. In this case, the Earnhardt family would be exceedingly unlikely to sue because Dale Earnhardt Sr’s death on the race track occurred as a result of exactly the risks he assumed by engaging in a race as a professional NASCAR driver.

On the other hand, his family would have the right to sue, and most likely get a substantial recovery, if he were killed in a car accident caused by some stoned asshole driving on the streets.

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**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\
**Post date:** [February 19, 2001, 3:51am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/31 "2001-02-19T03:51:00Z")

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> [@](#):
>
> \*Originally posted by Origato \*  
> I AM FULLY AWARE OF THE RISKS OF SMOKING POT, SHITHEAD, I’VE BEEN DOING IT FOR 28 YEARS, YET NOBODY HAS DIED AS A RESULT, DIPWAD!!!

And the salutary effect on your reasoning process caused by your 28 years of pot smoking is clear. :rolleyes:

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**Author:** ![Origato](https://avatars.discourse-cdn.com/v4/letter/o/b2d939/32.png) [@Origato](https://boards.straightdope.com/u/Origato)\
**Post date:** [February 19, 2001, 3:53am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/32 "2001-02-19T03:53:33Z")

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Yes, Billdo, a stoned driver is no better than a drunk driver if he causes injury, but this is a sport where there are willing paricipants.

And I stand by my bet, the family _will_ sue.

Take me up on it, pussy!

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**Author:** ![Rysdad](https://avatars.discourse-cdn.com/v4/letter/r/7cd45c/32.png) [@Rysdad](https://boards.straightdope.com/u/Rysdad)\
**Post date:** [February 19, 2001, 3:54am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/33 "2001-02-19T03:54:57Z")

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Let’s see, Cecil has been fighting against ignorance since 1973. Origato has been smoking pot since…1973.

We have seen the enemy, and he is Origato.

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**Author:** ![El\_Kabong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/el_kabong/32/496_2.png) [@El\_Kabong](https://boards.straightdope.com/u/El_Kabong)\
**Post date:** [February 19, 2001, 3:54am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/34 "2001-02-19T03:54:58Z")

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> [@](#):
>
> I AM FULLY AWARE OF THE RISKS OF SMOKING POT, SHITHEAD, I’VE BEEN DOING IT FOR 28 YEARS, YET NOBODY HAS DIED AS A RESULT, DIPWAD!!!

Are you fully aware of the risks of not comprehending the posts to which you are replying?

No need to answer, good buddy; you’ll just be talking to yourself.

Bye, now.

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**Author:** ![TexasSpur](https://avatars.discourse-cdn.com/v4/letter/t/a6a055/32.png) [@TexasSpur](https://boards.straightdope.com/u/TexasSpur)\
**Post date:** [February 19, 2001, 3:58am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/35 "2001-02-19T03:58:59Z")

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I will take you up on the bet. You name the terms and how collection will be made.

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**Author:** ![oldscratch](https://avatars.discourse-cdn.com/v4/letter/o/ed655f/32.png) [@oldscratch](https://boards.straightdope.com/u/oldscratch)\
**Post date:** [February 19, 2001, 3:59am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/36 "2001-02-19T03:59:11Z")

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you want some advice? Suck it up, ask a mod to close the thread. It’s only gonna get worse. We all make mistakes, not all of us learn from them.

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**Author:** ![Origato](https://avatars.discourse-cdn.com/v4/letter/o/b2d939/32.png) [@Origato](https://boards.straightdope.com/u/Origato)\
**Post date:** [February 19, 2001, 4:01am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/37 "2001-02-19T04:01:14Z")

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Well, Dale will never get a chance to learn from _his_ mistake, will he?

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**Author:** ![SPOOFE](https://avatars.discourse-cdn.com/v4/letter/s/c5a1d2/32.png) [@SPOOFE](https://boards.straightdope.com/u/SPOOFE)\
**Post date:** [February 19, 2001, 4:16am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/38 "2001-02-19T04:16:38Z")

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> [@](#):
>
> but this is a sport where there are willing paricipants.
> 
> And I stand by my bet, the family will sue.

You really ARE an idiot, aren’t you? Or did you just completely miss the part where you said “willing par[t]icipants”?

If somebody willfully engages in an activity, with full knowledge of the risks involved, and dies as a result of that activity, there’s no liability on the side of NASCAR. As such, his wife would have no case if she sued.

> [@](#):
>
> Well, Dale will never get a chance to learn from his mistake, will he?

Uh… so, are you suggesting that Dale Earnhardt didn’t know that “drive real fast = dangerous”? Here’s a hint, Mr. Self-admitted Pothead, one does not need to experience something firsthand to know whether or not it’s dangerous.

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**Author:** ![WolfpackJeep](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpackjeep/32/2921_2.png) [@WolfpackJeep](https://boards.straightdope.com/u/WolfpackJeep)\
**Post date:** [February 19, 2001, 4:18am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/39 "2001-02-19T04:18:29Z")

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You’re beyond ignorant.

You’re sick.

Didn’t anyone ever teach you to have respect for the dead?

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**Author:** ![VaHermit](https://avatars.discourse-cdn.com/v4/letter/v/ed655f/32.png) [@VaHermit](https://boards.straightdope.com/u/VaHermit)\
**Post date:** [February 19, 2001, 4:25am UTC](https://boards.straightdope.com/t/nascar-1-marijauna-0/55035/40 "2001-02-19T04:25:54Z")

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Well, I’ve never been an Erndthart fan (Bodine us my favorite), but my daughter is #3 all the way and I have to admit that we shared a tear tonight for Dale

Aside from my sympathy for his family and team mates, I can only feel sorry for those who fail to appreciate the life and times of someone who gave so much of himself, not only for following his passion in life, but for giving so much to the NASCAR fans like myself who followed the sport.

I signed on to the boards tonight specifically to find a thead where I could empathize with those who had the decency to feel the loss of a fellow human being who had shared so much of his life with us.

Looks like I hit the wrong thread.

**Origato** , sorry to barge in, I’ll keep looking …carry on with your sorry shit.

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