Family sues over golf-cart crash death
YOUNGSTOWN — Marlene Ball of Alliance has sued Quaker City Motorsports Park LLC of West South Range Road in Green Township near Salem, Mel’s Towing of Webb Avenue in Alliance and others on behalf of the estate of Kenneth Ball, alleging Ball died June 17, 2018, because of injuries he suffered at the racetrack.
Ball is administrator of the estate of Kenneth Ball. The lawsuit is assigned to Judge Maureen Sweeney of Mahoning County Common Pleas Court.
The wrongful death lawsuit states that Kenneth Ball, 31, was attending racing events and camping overnight at the facility. He was accompanied by three other people, Adam Hying of Minerva, Melvin Marshall Jr. of Salem and Shea Marshall of Alliance, who had access to a golf cart owned and maintained by Mel’s Towing, the suit states.
Hying and the Marshalls are also named as defendants. Melvin Marshall Jr., is statutory agent for Mel’s Towing, the lawsuit states.
Calls Monday to Mel’s Towing and Quaker City Motorsports were not returned. No phone number was available for Hying or Shea Marshall.
According to the lawsuit, after the racing concluded that night, Melvin Marshall Jr. asked Hying to transport Kenneth Ball and others to the the location of the live entertainment on the premises.
The Marshalls knew or should have known that Hying consumed alcohol throughout the day, the suit alleges. At about 11 p.m., Hying tried to transport Kenneth Ball in the rear cargo bed of the golf cart and drove it more than the 10 mph limit. Ball was thrown from the golf cart and struck his head on the asphalt pavement, causing a traumatic brain injury and died the next day at Salem Regional Medical Center, the lawsuit states.
The lawsuit alleges Quaker City Motorsports breached its duty to Kenneth Ball to inspect the premises and use “ordinary care” and diligence in the design, upkeep and maintenance of the premises, failed to keep the premises in a condition reasonably safe for its intended use, failed to keep the premises free from defects and other conditions and failed to enforce the safety rules and regulations of the property.
The lawsuit alleges that Kenneth Ball’s beneficiaries have lost support from such things as the reasonable expected earning capacity of Kenneth Ball and loss of society, including loss of companionship.
The suit alleges that Mel’s Towing had a duty not to modify the golf cart in a manner that did not comply with the manufacturer’s instructions.
The suit names several unknown “John / Jane Does” as being owners of the golf cart and responsible for maintenance of the golf cart and had a duty not to modify the golf cart.
The lawsuit seeks compensatory damages of at least $25,000. The suit was filed by attorney Brian Kopp of Betras, Kopp and Harshman of Canfield.