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Death of Dale Earnhardt



 
 
The death of Dale Earnhardt, Sr.
Dale Earnhardt

Ralph Dale Earnhardt, Sr. was an American race car driver, best known for his career driving stock cars in NASCAR's Winston Cup. Earnhardt had four children, Kerry Earnhardt, Kelley Earnhardt Elledge, Dale Earnhardt, Jr., and Taylor Earnhardt....
 during an auto race on February 18, 2001, and the subsequent fan outcry helped spark various safety improvements in NASCAR
NASCAR

The National Association for Stock Car Auto Racing is the largest sanctioning body of stock cars in the United States. The three largest racing series sanctioned by NASCAR are the Sprint Cup Series, the Nationwide Series and the Camping World Truck Series....
 auto racing. Earnhardt was a seven-time series champion and had many fans worldwide. He died in a crash during the last lap of the 2001 Daytona 500. He was the fourth driver killed since Adam Petty's
Adam Petty

Adam Kyler Petty was an auto racing car driver. He was the first fourth-generation driver in NASCAR history....
 death in May 2000. One newspaper called the day a "Black Sunday".

Following the death and investigation, NASCAR began an intensive focus on safety that has seen the organization mandate the use of head-and-neck restraints (currently, only the HANS device
HANS device

The HANS device aka Head restaint is a safety item compulsory in many car racing sports. It reduces the chances of head and/or neck injuries, such as a basilar skull fracture, in the event of a crash....
 is approved for competition), oversee the installation of SAFER barrier
SAFER barrier

The Steel and Foam Energy Reduction barrier, sometimes called a soft wall, is a technology found primarily on oval automobile race tracks and intended to make racing accidents safer....
s at all oval tracks, set rigorous new rules for seat-belt and seat inspection, develop a roof-hatch escape system, and develop a next-generation race car built with extra driver safety in mind, the Car of Tomorrow
Car of Tomorrow

The Car of Tomorrow , sometimes called CoT or "Car of Today", is the car style for the NASCAR Sprint Cup Series. Larger and boxier than the design it replaced, the Car of Tomorrow is safer, costs less to maintain, and makes for closer competition....
.

owing the start of the Daytona 500, Earnhardt led several of the opening laps, and continued to be a front-runner throughout the race.






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The death of Dale Earnhardt, Sr.
Dale Earnhardt

Ralph Dale Earnhardt, Sr. was an American race car driver, best known for his career driving stock cars in NASCAR's Winston Cup. Earnhardt had four children, Kerry Earnhardt, Kelley Earnhardt Elledge, Dale Earnhardt, Jr., and Taylor Earnhardt....
 during an auto race on February 18, 2001, and the subsequent fan outcry helped spark various safety improvements in NASCAR
NASCAR

The National Association for Stock Car Auto Racing is the largest sanctioning body of stock cars in the United States. The three largest racing series sanctioned by NASCAR are the Sprint Cup Series, the Nationwide Series and the Camping World Truck Series....
 auto racing. Earnhardt was a seven-time series champion and had many fans worldwide. He died in a crash during the last lap of the 2001 Daytona 500. He was the fourth driver killed since Adam Petty's
Adam Petty

Adam Kyler Petty was an auto racing car driver. He was the first fourth-generation driver in NASCAR history....
 death in May 2000. One newspaper called the day a "Black Sunday".

Following the death and investigation, NASCAR began an intensive focus on safety that has seen the organization mandate the use of head-and-neck restraints (currently, only the HANS device
HANS device

The HANS device aka Head restaint is a safety item compulsory in many car racing sports. It reduces the chances of head and/or neck injuries, such as a basilar skull fracture, in the event of a crash....
 is approved for competition), oversee the installation of SAFER barrier
SAFER barrier

The Steel and Foam Energy Reduction barrier, sometimes called a soft wall, is a technology found primarily on oval automobile race tracks and intended to make racing accidents safer....
s at all oval tracks, set rigorous new rules for seat-belt and seat inspection, develop a roof-hatch escape system, and develop a next-generation race car built with extra driver safety in mind, the Car of Tomorrow
Car of Tomorrow

The Car of Tomorrow , sometimes called CoT or "Car of Today", is the car style for the NASCAR Sprint Cup Series. Larger and boxier than the design it replaced, the Car of Tomorrow is safer, costs less to maintain, and makes for closer competition....
.

Circumstances of Earnhardt's death

Following the start of the Daytona 500, Earnhardt led several of the opening laps, and continued to be a front-runner throughout the race. During a pit stop, Earnhardt made contact with the #36 Pontiac car driven by Ken Schrader
Ken Schrader

Kenneth Schrader is a second-generation race car driver. He is currently driving in the Sprint Cup series part time for Phoenix Racing. He occasionally appears as a television analyst on This Week In NASCAR on the Speed Channel....
 in an incident that left both cars running without damage or loss of position, but would later prove ironic. On lap 173, a large accident took place, involving 18 cars. Tony Stewart
Tony Stewart

Anthony Wayne Stewart is an American race car driver/car owner/entrepreneur, in NASCAR's Sprint Cup . During his career he has won championships in the Winston Cup, Nextel Cup and IndyCar Series....
, who beat Earnhardt in the Budweiser Shootout
Budweiser Shootout

Budweiser Shootout at Daytona is an annual NASCAR Sprint Cup Series exhibition event held at Daytona International Speedway in February, the weekend before the Daytona 500....
, found his car tumbling wildly down the backstretch. As it tumbled, Earnhardt managed to weave his way through wrecked cars and come out unscathed. The race was red flagged
Racing flags

Racing flags are traditionally used in auto racing and similar motorsports to communicate important messages to drivers. Typically, the primary flagman, sometimes the Grand Marshal of a race, waves the flags atop a flagstand near the start/finish line....
 to facilitate clean up of the track, and when the race resumed, it was Earnhardt and Dale Earnhardt, Inc.
Dale Earnhardt, Inc.

Earnhardt Ganassi Racing with Felix Sabates is a NASCAR team based in Concord, North Carolina. Originally formed in 1980, the team was owned by seven-time Winston Cup champion Dale Earnhardt, before his Death of Dale Earnhardt on the closing lap of the 2001 Daytona 500....
 drivers Dale Earnhardt, Jr.
Dale Earnhardt, Jr.

Ralph Dale Earnhardt, Jr. is a professional American race car driver who drives the #88 AMP Energy/United States National Guard Chevrolet Impala in the NASCAR Sprint Cup series for Hendrick Motorsports, and drives in the Nationwide Series part-time for the #5 car for his own team, JR Motorsports....
 and Michael Waltrip
Michael Waltrip

Michael Curtis Waltrip is a professional race car driver and co owner of Michael Waltrip Racing. He is the younger brother of Darrell Waltrip, a three-time NASCAR champion ....
 in the top 3 positions. As the laps wound down, Waltrip was leading Earnhardt, Jr. and Earnhardt, Sr.

On the front stretch coming to 3 laps to go, Sterling Marlin
Sterling Marlin

Sterling Marlin is a NASCAR Sprint Cup driver who drives the #09 Finch Racing car on a part time basis. He is the son of former NASCAR driver Coo Coo Marlin....
 made contact with Earnhardt at the left rear corner of Earnhardt's car. Earnhardt's car wiggled but kept control and he remained in third position. Marlin was known for having a fast car in the race, and Earnhardt repeatedly blocked his attempts of passing on the last few laps. With less than two laps remaining, Darrell Waltrip
Darrell Waltrip

Darrell Lee Waltrip is a three-time former NASCAR Championship champion, the 1989 Daytona 500 winner, current television race commentator with Fox Broadcasting Company and columnist at Foxsports.com....
 commented that "Sterling has beat the front end off of that old Dodge [Marlin's car] trying to get around Dale [Earnhardt Sr.]".

Going into Turn 3 on the last lap, Earnhardt Sr. was racing three wide with Marlin to his left and Schrader to his right. In the corner, Earnhardt Sr's left rear fender made slight contact with Marlin's front bumper. Earnhardt Sr’s car slid off the track's steep banking, onto the flat apron, and then turned sharply up the track toward the outside retaining wall. As the #3 car came up the track it collided with Schrader's car, which helped push Earnhardt's car into the wall and further pushed it along the wall nose first. Earnhardt's #3 hit at a 13 to 14 degree angle at an estimated speed of 157-160 mph
Miles per hour

The mile per hour is a physical unit of speed, expressing the number of Mile covered per hour.It is currently the Unit of measurement used for speed limits, and speeds, on roads in the United Kingdom and United States....
, killing him instantly. The right-rear wheel assembly broke off the car on impact. The hood pins severed and the hood flapped open, slamming against the windshield as the car slid slowly down the track.

While Michael Waltrip raced toward the checkered flag to claim his first victory, with Earnhardt, Jr. close behind, the cars of Earnhardt Sr. and Schrader slid off the track's steep asphalt banking toward the infield grass inside of Turn 4. Schrader climbed out of his wrecked race car uninjured and peered into Earnhardt's car, then quickly and frantically motioned for EMT's
Emergency medical technician

Emergency medical technician is a term used in various countries to denote a healthcare provider trained to provide pre-hospital emergency medical services....
 and track safety crews. Earnhardt was immediately cut from his car and was taken to the local Halifax Medical Center by ambulance. In the Emergency Room, doctors attempted to revive Earnhardt, but he never showed any signs of life. Earnhardt was pronounced dead at 5:16 p.m EST surrounded by his wife Teresa Earnhardt, his team owner/friend Richard Childress, and reportedly by his son Dale Earnhardt Jr. Hours later, at a press conference, NASCAR
NASCAR

The National Association for Stock Car Auto Racing is the largest sanctioning body of stock cars in the United States. The three largest racing series sanctioned by NASCAR are the Sprint Cup Series, the Nationwide Series and the Camping World Truck Series....
 President Mike Helton
Mike Helton

Michael Helton is currently the president of the NASCAR . He replaced Bill France, Jr. in November 2000 as the company's third president. He was named the Chief Operating Officer of NASCAR in February 1999....
 made the formal announcement to the world saying, "Undoubtedly this is one of the toughest announcements I've personally had to make. After the accident in Turn 4 at the end of the Daytona 500, we've lost Dale Earnhardt."

Injuries sustained

The official cause of Earnhardt's death in the medical examiners autopsy report was listed as "blunt force injuries of the head". It noted, among other things, that Earnhardt sustained:
  • Basilar skull fracture
    Basilar skull fracture

    A basilar skull fracture is a fracture of the base of the skull, typically involving the temporal bone, occipital bone, sphenoid bone, and/or ethmoid bone....
     (fatal)
  • Eight broken rib
    Rib

    In vertebrate anatomy, ribs are the long curved bones which form the ribcage. In most vertebrates, ribs surround the chest and protect the lungs, heart, and other internal Organ s of the thorax....
    s on his left side
  • Broken left ankle
    Ankle

    In human anatomy, the ankle joint is formed where the foot and the human leg meet. The ankle, or talocrural joint, is a synovial hinge joint that connects the distal ends of the tibia and fibula in the lower limb with the proximal end of the talus bone in the foot....
  • Fractured breast bone
    Sternum

    The sternum is a long flat bone located in the center of the chest . It connects to the rib via cartilage, forming the rib cage with them, and thus helps to protect the lungs, heart and major blood vessels from physical trauma....
  • Collarbone
    Clavicle

    In human anatomy, the clavicle or collar bone is classified as a flat bone that makes up part of the shoulder girdle . It receives its name from the Latin clavicula because the bone rotates along its axis like a key when the shoulder is Abduction ....
     and hip
    Hip (anatomy)

    In anatomy, the hip or coxa in medical termonology is the bone projection of the femur which is known as the greater trochanter, and the overlying muscle and fat....
     abrasions (indication seat belts didn't fail)


Aftermath

Dale Earnhardt's death received widespread media attention. Fans began congregating at the headquarters of Richard Childress Racing
Richard Childress Racing

RCR Enterprises, LLC, doing business as Richard Childress Racing, is a NASCAR team based in Welcome, North Carolina. The team currently fields the #07 Jack Daniels Chevrolet Impala for Casey Mears, the #29 Royal Dutch Shell/Pennzoil Chevrolet for Kevin Harvick, the #31 Caterpillar Inc....
 and Dale Earnhardt Incorporated, as well as the track where Earnhardt died, Daytona International Speedway
Daytona International Speedway

Daytona International Speedway is a race track in Daytona Beach, Florida, Florida, United States. Since opening in 1959, it has been the home to the most important race in the NASCAR Sprint Cup Series, the Daytona 500....
. Earnhardt was featured in the following week's Time Magazine, and video from the race was played on nearly every major United States televised newscast. Earnhardt's funeral was telecast live on multiple television networks, including CNN
CNN

Cable News Network, almost always referred to by its initialism CNN, is a major US Cable News Network founded in 1980 by Ted Turner. Upon its launch, CNN was the first station to provide 24-hour television news coverage, and the first all-news television network in the United States....
 and Fox News Channel
Fox News Channel

Fox News Channel is a US Cable News and satellite television news channel owned by the Fox Entertainment Group, a subsidiary of News Corporation....
.

Earnhardt's death was the catalyst for change that continues eight years later. Following his death there was a police investigation as well as a NASCAR-sanctioned investigation. Nearly every detail of the event was made public, from the finding of a broken seatbelt inside Earnhardt's car to graphic descriptions of the injuries the driver suffered at the moment of impact. The allegations of seat-belt failure led Bill Simpson
Bill Simpson

Bill Simpson , is a retired American racecar driver, but is best known as a pioneer in the racing safety business with his company Simpson Performance Products....
 to resign from the company bearing his name, which manufactured the seatbelts used in Earnhardt's car and nearly every other NASCAR competitor's machine.

Some fans threatened to kill Sterling Marlin
Sterling Marlin

Sterling Marlin is a NASCAR Sprint Cup driver who drives the #09 Finch Racing car on a part time basis. He is the son of former NASCAR driver Coo Coo Marlin....
 for allegedly causing the wreck. Earnhardt's son, Dale Earnhardt Jr., absolved Marlin of responsibility and asked everyone who loved his father to stop assigning blame for his death.

Earnhardt's #3 car was immediately retired by team owner Richard Childress. Childress made a public pledge that the number would never again adorn the side of a black car sponsored by GM Goodwrench
GM Goodwrench

GM Goodwrench is an auto repair service for General Motors.Goodwrench took to the national airwaves in 1977 as a way to market General Motors franchised dealers' service departments, replacing a patchwork of separate GM-divisional offerings....
, the color scheme and sponsor Earnhardt had driven since 1988. Earnhardt's team was re-christened as the #29 team, with the same sponsor (GM Goodwrench) but a new color scheme. A reversed color scheme (white with black numerals and a black stripe on the bottom) was used for races at Rockingham and Las Vegas
Las Vegas Motor Speedway

Las Vegas Motor Speedway, located in Clark County, Nevada, Nevada, just outside Las Vegas, Nevada, is a 1,200 acre complex of multiple tracks for automobile racing....
. For the race at Atlanta
Atlanta Motor Speedway

Atlanta Motor Speedway is a track in Hampton, Georgia, twenty miles south of Atlanta, Georgia. It is a 1.54-mile quad-oval track with a seating capacity of over 125,000....
, a new GM Goodwrench scheme was introduced, with angled red stripes and a thin blue pinstripe, resembling the AC Delco Chevrolets driven in the Busch Series. Later versions of the car used from 2003 until 2006, when the Goodwrench sponsorship ended, would bear greater resemblance to the machine that Earnhardt piloted but with a more contemporary flair and contain more silver, owing to the original plans General Motors had planned with the sponsorship.

Childress' second-year Busch Series driver Kevin Harvick
Kevin Harvick

Kevin Michael Harvick is an United States race car driver and car owner, competing in the NASCAR Sprint Cup for Richard Childress Racing, driving the #29 Shell Pennzoil car....
 was named as Earnhardt's replacement driver, beginning with the race following Earnhardt's death, the Dura Lube 400 held at North Carolina Speedway
North Carolina Speedway

Rockingham Speedway, formerly North Carolina Motor Speedway and later North Carolina Speedway is a racetrack located in Rockingham, North Carolina....
. Hats bearing the #3 logo were distributed to everyone at the track to honor Earnhardt. The Childress team wore blank uniforms out of respect but as Harvick's performance improved, the regular GM Goodwrench Service Plus uniforms returned. Dura Lube 400 pole sitter Jeff Gordon
Jeff Gordon

Jeffery Michael Gordon is a professional United States of America race car driver. He was born in Vallejo, California, raised in Pittsboro, Indiana, and currently lives in Charlotte, North Carolina....
 gave a "missing man" formation during the pace laps, a custom used in motorsports for mourning.

Fans honored Earnhardt by holding three fingers aloft on the third lap of every NASCAR Winston Cup race. Meanwhile, NASCAR's television partners also went silent for the third lap, a practice that was repeated until the 2002 race at Rockingham where race broadcaster FOX
NASCAR on FOX

NASCAR on FOX is the branding used for Fox Sports's broadcasts NASCAR races airing on the Fox Broadcasting Company network since 2001 in NASCAR....
 hosted for the final time.

NASCAR allowed Earnhardt's Daytona points to be combined with Harvick's points for the rest of the season for purposes of the Winner's Circle and owner points. The team still scored a top-ten finish for the 2001 season.

Cause of death controversy

At a news conference five days after the fatal crash, NASCAR officials announced that the left lap belt on Earnhardt's seat belt harness had broken. NASCAR's medical expert Dr. Steve Bohannon said he thought the faulty belt had allowed Earnhardt's chin to strike the steering wheel, causing a basilar skull fracture
Basilar skull fracture

A basilar skull fracture is a fracture of the base of the skull, typically involving the temporal bone, occipital bone, sphenoid bone, and/or ethmoid bone....
, killing him. The manufacturers of seat belts for NASCAR, Simpson Race Products, maintained that the belt had failed because it had been installed in an unapproved fashion in order to increase Earnhardt's comfort, an allegation that had been supported by some who were familiar with the situation. The Orlando Sentinel
Orlando Sentinel

The Orlando Sentinel is the primary newspaper of the Orlando, Florida region. It was founded in 1876 and is currently in its 131st year of publication....
, particularly Sentinel sportswriter Ed Hinton
Ed Hinton

Edward Talmage "Ed" Hinton is one of the most well-known and respected motor racing sportswriting in the United States and around the world. He is currently a senior motorsports columnist for ESPN.com....
, attempted to acquire Earnhardt's autopsy records and photos for study, autopsy records normally being public documents in Florida
Florida

Florida is a U.S. state located in the Southeastern United States of the United States, bordering Alabama to the northwest and Georgia to the northeast....
, but Earnhardt's widow, Teresa Earnhardt
Teresa Earnhardt

Teresa Earnhardt is the widow of Dale Earnhardt and mother of Taylor Nicole Earnhardt . She is the stepmother of Kerry Earnhardt, Kelley Earnhardt Elledge and Dale Earnhardt Jr....
 petitioned a judge to seal the records. After a short court battle, it was mutually agreed to appoint Dr. Barry Myers, an expert on crash injuries at Duke University
Duke University

Duke University is a private university research university located in Durham, North Carolina, North Carolina, United States. Founded by Methodism and Religious Society of Friends in the present-day town of Trinity, North Carolina in 1838, the school moved to Durham in 1892....
, to independently study Earnhardt's death. On April 10, 2001, Myers published his report rejecting NASCAR's explanation, finding that Earnhardt's death was the result of his inadequately restrained head and neck snapping forward, independent of the broken seat belt (making the question of proper or improper installation irrelevant). Philip Villanueva, a University of Miami
University of Miami

The University of Miami is a private, non-sectarian university founded in 1925 in the city of Coral Gables, Florida, Florida, United States, a historic suburb of Miami, Florida....
 neurosurgeon who had previously analyzed the crash for the Sentinel before the autopsy records were available, said he had reached the same conclusion, but had wanted to examine the autopsy photos to be certain. Dr. Steve Olvey, medical director of CART for 22 years, and Wayne State University
Wayne State University

Wayne State University is located in Detroit, Michigan, in the city's Midtown, Detroit#Midtown Cultural Center, Detroit and is a 4th tier national university comprised of 12 schools and colleges offering more than 350 major subject areas to 33,000 graduate and undergraduate students....
 crash expert John Melvin also agreed with Myers' report. Simpson's founder, Bill Simpson
Bill Simpson

Bill Simpson , is a retired American racecar driver, but is best known as a pioneer in the racing safety business with his company Simpson Performance Products....
, called the report "The best news I've heard in seven weeks. I've been living in daily hell."

On the same day as Myers' report was made public, NASCAR announced its own investigation, after having remained silent for six weeks since the accident. However, when the greatly anticipated official NASCAR report, which had cost over a million dollars, was published on August 21, 2001, it cited collision with another car, the speed and angle of impact, and separation of the seat belt as factors in the fatality. After NASCAR's report, Simpson retired, citing the stress as "too much." The Simpson company attorneys asked NASCAR to unequivocally assert:
  • The belts were of high quality in workmanship and there were no design or manufacturing defects.
  • The belts met the NASCAR rule book requirements.
  • The belts, as installed, did not conform to manufacturer installation requirements.
  • The separation of the left lap belt was not a result of design or manufacturing defect, but caused by improper installation.
  • The belt separation was not the cause of Earnhardt's death.
NASCAR, however, did not respond. At the time, NASCAR declined requiring drivers to wear uncomfortable head and neck restraints
HANS device

The HANS device aka Head restaint is a safety item compulsory in many car racing sports. It reduces the chances of head and/or neck injuries, such as a basilar skull fracture, in the event of a crash....
. NASCAR president Mike Helton
Mike Helton

Michael Helton is currently the president of the NASCAR . He replaced Bill France, Jr. in November 2000 as the company's third president. He was named the Chief Operating Officer of NASCAR in February 1999....
 said that "We are still not going to react for the sake of reacting." However, it did state that it "encouraged their use." By August 19, 2001 41 out of 43 drivers were wearing them at the Pepsi 400 by Meijer at Michigan International Speedway
Michigan International Speedway

Michigan International Speedway is a two-mile moderate-banked D-shaped superspeedway located off U.S. Highway 12 on more than near Brooklyn, Michigan, in the scenic Irish Hills area of southeastern Michigan....
, just two days before NASCAR's report came out.

Two months later, a crash in an ARCA
Automobile Racing Club of America

Automobile Racing Club of America is an auto racing sanctioning body in the United States, founded in 1953 by John Marcum. The current president of ARCA is Ron Drager....
 race that killed driver Blaise Alexander
Blaise Alexander

Blaise Alexander , was a stock car racer from Montoursville, Pennsylvania. He began racing at the age of 12 in go-karts, winning the coveted World Karting Association East Regional championship in 1992....
 of a basilar skull fracture caused NASCAR to quickly mandate head and neck restraints. Incidentally, Earnhardt's son Kerry Earnhardt
Kerry Earnhardt

Kerry Dale Earnhardt is the eldest son of the late seven time NASCAR NEXTEL Cup champion Dale Earnhardt. He is the half-brother of NASCAR Sprint Cup star Dale Earnhardt, Jr....
 was involved in the crash that killed Alexander (Kerry was not injured).

Autopsy photos


On February 19, 2001, the Volusia County
Volusia County, Florida

Volusia County is a county located in the U.S. state of Florida. The United States Census Bureau 2005 estimate for the county was 496,575 . Although Daytona Beach, Florida is Volusia County's best-known city, its county seat is DeLand, Florida, and its most populous city is currently Deltona, Florida....
 Medical Examiner performed an autopsy
Autopsy

An autopsy, also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction, is a medical procedure that consists of a thorough examination of a Dead body to determine the cause and manner of death and to evaluate any disease or injury that may be present....
 on Dale Earnhardt's body. The unusual act of notifying NASCAR and Teresa Earnhardt was made prior to releasing the records sought by members of the public and media.

Three days later, Teresa Earnhardt filed a legal brief in the Circuit Court of the Seventh Judicial Circuit, in and for Volusia County, Florida (Case No. 2001-30373-CICI Div. 32). Once the complaint was filed, the Medical Examiner was barred from releasing the public records, including autopsy photographs, pertaining to Dale Earnhardt, until a formal hearing on the merits of Teresa Earnhardt's case could be heard. On February 28, March 13, and March 16, 2001, the Orlando Sentinel, Michael Uribe, founder of WebsiteCity.com, and Campus Communications, Inc., publisher of the University of Florida
University of Florida

The University of Florida is a Public university land-grant university, sea grant colleges, Space grant colleges major research university located on a campus in Gainesville, Florida, in the United States....
's student newspaper The Independent Florida Alligator
The Independent Florida Alligator

The Independent Florida Alligator is the daily student newspaper of the University of Florida. The Alligator is the largest student-run newspaper in the United States, with a daily circulation of 35,000 and readership of over 52,000....
, filed motions to intervene into the Earnhardt v. Volusia litigation in order to uphold their rights to inspect and copy public records held by the Volusia County Medical Examiner to include the photographs and videotape of Dale Earnhardt's autopsy examination.

On June 12-13, 2001, a trial was then conducted before Judge Joseph Will. Will eventually ruled against Uribe and CCI's original public records requests and constitutional arguments to inspect and copy the medical examiner files pertaining to Dale Earnhardt, to include autopsy photographs. Judge Will's ruling set forth in motion an extensive legal battle later fought in the appellate court
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
s by both Uribe and CCI seeking to deem the denial of their public records request unconstitutional under Florida State and Federal laws. Then on December 1, 2003, the United States Supreme Court declined to hear Uribe and CCI's appeal. . Thus, the Florida Legislature's March 29, 2001 law preventing release of Dale Earnhardt's public record autopsy photographs would remain in effect.

Although not widely reported, in July 2001, former American Gladiator and Huntersville, NC resident Jonathan Byrne claimed to have obtained copies of the autopsy photographs and records. When he attempted to sell them to tabloid newspapers, Byrne was arrested for possession of stolen property. The investigation quickly determined that the documents were forged and the photographs were from a different, but unidentified autopsy. Byrne eventually pled guilty to minor misdemeanor charges and served no jail time. The Florida Legislature's March 29, 2001 law, also known as the Earnhardt Family Protection Act, was sponsored by Senator Jim King
James E. King

James E. "Jim" King is a Republican Party member of the Florida Senate, representing the 8th district since 1999. King was President of the Florida Senate from 2002-2004 and also served as the Majority Leader of the Florida Senate from 2000-2002....
 (R-Jacksonville) and changed Florida's previously long standing and historically open public records laws
Freedom of information legislation

Freedom of information legislation, also described as open records or sunshine laws, are laws which set rules on access to information or records held by government bodies....
 from that day onward. The Earnhardt law deemed Florida's medical examination autopsy photographs, video and audio recordings exempt from public inspection without the expressed permission from applicable next of kin
Next of kin

Next of kin is the term used to describe a person's closest living blood relative or relatives.In many legal systems, rights regarding inheritance and substitute decision making capacity where no clear will or instructions have been given, and the person has no spouse, flow to their closest relative , usually a child, a parent or a sibling...
.

See also

  • Death of Ayrton Senna
    Death of Ayrton Senna

    The death of Formula One triple world champion Ayrton Senna resulted from a crash that occurred while he was leading the 1994 San Marino Grand Prix at Autodromo Enzo e Dino Ferrari....
  • List of racing drivers who died in racing crashes
    List of racing drivers who died in racing crashes

    As auto racing is a dangerous sport, many individuals have been killed in crashes related to the sport, either in a race, in qualifying, in practice or a private testing session....


External links