A private motorsports complex in Willcox is suing a contractor for more than $1.6 million for damages allegedly caused by negligent repairs which shutdown the 2.75-mile track for several weeks last year until another company could correct the damage.
Inde Motorsport Ranch LLC filed a First Amended Complaint on Jan. 11 in Cochise County Superior Court alleging gross negligence by Sierra Enterprises, LLC, which does business in Cochise County as Sierra Striping and as BNR Paving. The lawsuit filed also names two co-owners of the company as defendants.
According to the lawsuit, Sierra Enterprises -as BNR Paving- was contracted around May 2020 to fill several cracks which had occurred over time in the asphalt track. The work was done between June 30 and July 2 utilizing a hot rubberized crack filler.
“BNR failed to act competently and with sufficient diligence, and instead acted in a manner that was negligent by, among other things and without limitation, applying the Sealant at times when the track pavement temperature exceeded the manufacturer’s specifications, thereby preventing the Sealant from performing as intended,” the complaint states. “As a result of BNR’s failure to properly apply the Sealant, Inde’s racetrack was unsafe to drive on, particularly during hot weather.”
The lawsuit notes one example of the sealant problem was that hot tar would be thrown into the air when a vehicle or motorcycle traversed the track. BNR reportedly returned to Inde Motorsport for several days in July but “did not succeed in their attempts to rectify” the sealant issue.
“As a result of BNR’s actions, Inde was forced to close the track until October,
2020, mill out the Sealant, and repave the racetrack in its entirety,” the lawsuit states. The cost of the post-BNR repairs is listed as $1,682,578.
Once the defendants are served with the amended complaint they must file an answer with Judge David Thorn, who will preside over a trial sometime in 2022.
