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5-Year-Old's Family Sues Over 2007 Motocross Death

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Posted: 6:02 AM Jul 20, 2008
Last Updated: 6:02 AM Jul 20, 2008

29 comments

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The parents of a 5-year-old motocross rider who died at a dirt bike park in Cleveland County have filed a wrongful death lawsuit against the track's owners and promoter.

Cody Fidler died of neck trauma in March 2007 after an older biker crashed into him.

The lawsuit accuses Parker Valley Motocross Track's owners and promoter of neglecting to enforce the track's rules by allowing a more experienced rider on the track while Cody was riding.

The Charlotte Observer reports that Wade and Michelle Fidler also claim emotional distress and deceptive trade practices in the lawsuit.

The Parker Valley track is now closed. Joe Williams, owner of JMX Racing and former promoter of the Parker Valley track, could not be reached for comment Saturday.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: don't on Jul 23, 2008 at 09:28 PM
Very good. I agree with that. It takes a village to raise a child. (parents and track owners and everyone around) You are right about the children having a tiny bike with a tiny motor is okay. Guess I'm too protective. Point well taken.

Posted by: Listen Up on Jul 23, 2008 at 05:22 PM
Fair point. My first comment was a bit retaliatory to all the negative comments towards this child's parents, sorry for that. This was for the largest part an accident, but the track supervisor, plus the combination of parents present should have prevented the 12 year old to get on the track while this kid was riding. That being said I still disagree with you saying that the parents of both parties should have never got them motorcycles in the first place. This kid could have been the next Jeremy McGrath. Most all of the world's most successful athletes get their start very young. There's nothing wrong with that. Also please consider this - a tiny kid on a tiny bike with a tiny motor is not going to DIE putting around a hilly track slowly with other little tykes under the supervision of responsible adults if they have their own track time. The danger level is on par with most other childhood activites; skateboarding, skiiing, etc. The bigger kid should have stayed off the track

Posted by: don't on Jul 23, 2008 at 02:19 PM
So blame it on a 12 year old. Make him feel guilty the rest of his life.OOOOOOOKKKKKKK. Yes the track should not have let the 12 year old ride a larger motorcycle, but don't you think the PARENTS should not have gotten it for him? By the way, I did not say ride a motorized vehicle in the park. Ride a bicycle with peddles. I also did NOT say the parents did not care for his safety about wearing a helmet. I am saying ALL parents should make their child wear a helmet while riding a bike or motorized vehicle.

Posted by: Listen Up on Jul 23, 2008 at 01:05 PM
To "don't" - Actually the individual that crashed into him was not grown... he was 12 years old, riding a larger motorcycle and was not supposed to riding the track at the time because the little kids were riding. You can't ride a motorized vehicle at the park by the way. I understand you'll never see things from my perspective, but the fact is a lot of professional motocross racers started when they were 5 years old, Jerry Lymburner started when he was 4. You can't say the parents didn't care for their son's safety, he was wearing all the proper safety equipment including a helmet. He was off his bike and trying to move out the way when he was struck and died of neck trauma. This was a freak accident and there was a lapse in judgment from several parties that led to it. You're right that this accident could have been avoided if the boy wasn't on the track, but it also could have been avoided if the track rules were being followed.

Posted by: don't on Jul 23, 2008 at 11:07 AM
Yes,this is a tragic accident, but it could have been avoided. Don't blame the individual that hit him. That individual was grown and able to make his own decision to be on the track. The 5 year old was NOT old enough to make his decisions. That was his parents job, to keep the child safe. Not put him on a track that is for adults. Quit trying to make children grow up so fast. Take them to a park to ride a childs bike, and make sure they wear helmets. The 5 year old was way to young for a motorcross bike. Sure he LOVED the bike and was the ENVY of all the kids. But he was still to young to be on the track. Parents try to make their kids happy,but they should put age and mentality first. I have a small grandchild and she is not scared to try anything. She would jump off the roof thinking it was fun. Would I let her do it? NOOOOO. Because she is a child and does not know danger. I DO. I am sorry for the parents,(my prayer are with you) but hopefully this will wake other parents up.

Posted by: hey on Jul 22, 2008 at 09:50 PM
what happened to my post? Thats twice I posted and WITN didn't post it. It was the one reflecting a response to Listen up.....

Posted by: nubbie on Jul 22, 2008 at 06:51 PM
I guess since Ive been to cleveland county Im going to be sued also for not doing something i didnt know i was supposed to do and the emotional distress this caused someone.......The DA ought to pursue negligence charges on the parents for allowing this!!! Enough frivolous lawsuits. Im sure the dirt track will go broke just defending the lawsuit and also sure the parents signed an anti-indemnification agreement acknowledging the danger involved and let the poor kid ride anyway.

Posted by: Angel on Jul 22, 2008 at 04:18 PM
A 5 year old has no business on a motorbike anyway. What kind of parents are they.

Posted by: Listen up on Jul 22, 2008 at 03:23 PM
This is quite simply a tragic accident... and if you want to blame someone blame the individual that crashed into the kid. That's who made a mistake and took a life. Please stop with all this nonsense about the parents should never have bought him the dirt bike. Chances are the boy LOVED his dirt bike and was the envy of all his friends the fact he was riding motorcross. I know I would have been the happiest boy in the world if I had a motorcross bike (made for a kid by the way... look up 50cc) when I was little. I don't support this new ultra padded, super safe, elimination of all risk style of parenting. A lot of activities have risk of injury including football and figure skating. Don't demonize the parents for letting their kid have fun.

Posted by: Benny on Jul 22, 2008 at 02:52 PM
Did the parents take the child to the race track and buy him the bike. Sounds like the fault is with the parents and no one else. 5 years old and you put him on a track that adults use.

Posted by: Momof3 on Jul 22, 2008 at 02:20 PM
We are responsible for our children, and if he was riding a bike approved for his age and size then you can't totally hold the parents responsible. Tracks set aside times for the inexperienced to "learn" to ride. If a more experienced rider broke the rules and rode when they shouldn't have, why hold the track owners responsible and not the more experienced rider? Seems odd to me. I love my children very much, but I am not going to make them live in a box. Children should be children, and if that includes motorcross or skateboarding, or any other activity since they all have risks... well then so be it.

Posted by: Again on Jul 22, 2008 at 12:36 PM
Unbelieveable, both parents should be in politics.

Posted by: Former Motorcross Mom on Jul 22, 2008 at 11:18 AM
Even if you get all the money in the world, it won't make you feel any better. Your son is gone, money will not bring him back.

Posted by: Cactus on Jul 22, 2008 at 12:47 AM
Some pro racers started at an early age. Tony (NASCAR) won a gocart champanion ship at 8, I think that Jeff and Jimmy also started early. What say some of you bike racers? You want to be good you start early.

Posted by: S on Jul 21, 2008 at 01:48 PM
Parents,sorry for your loss,but it is ridiculous to sue for your own lack of responsibility in this case....Get real...that boy should never have had this bike....unfortunately,parents buy their kids these bikes & 4-wheelers now & just turn them loose...they are an accident waiting to happen....Hope this story strikes a chord with other parents...you are not doing your kids any favor when you buy them these dangerous toys...stop trying to be your kid's best friend,be responsible,be a parent, keep them safe!!

Posted by: P on Jul 21, 2008 at 01:44 PM
What the heck are the parents doing allowing a five year old on a motocross bike on a motocross track ! Ignorance lives on blaming someone else again. They need to arrest the parents ! Nowadays this is why parents should be required to have a license to raise kids.

Posted by: Mom of 2 boys on Jul 21, 2008 at 10:26 AM
I somewhat agree with these post but on the other hand kids get started at this age and most of the pros will tell you they started riding at a young age. The bikes are designed for a child that size. There are rules at these tracks and more experienced riders are not suppose to be on the track while younger ones who are learning are riding. I am on the fence about the lawsuit. Just because they let him ride a bike that was designed for his age and size does not mean they are at fault for his death. The track owner had some responsibility in the matter. They should have been aware of who was on the track at all times. I suffered many injuries growing up from playing sports. Started when I was 4 racing on skates at the local rink. So are my parents at fault because I was good at something and loved it but occasionally got hurt. This is a tragedy for this family and I hope time heals their pain!

Posted by: Gary on Jul 21, 2008 at 10:03 AM
Dont shame your childs memory with a pay day! You bought the bike,not the track owner.

Posted by: J on Jul 21, 2008 at 08:50 AM
YOU LET YOUR CHILD GET ON THAT BIKE. Please dont blame others for your ignorance!!

Posted by: Wow! on Jul 20, 2008 at 07:35 PM
I must say I agree with the posts here. A 5 year old? I have a 5 year old that still has training wheels!! He's pretty good with them but not even close to being ready to take them off and he's athletic and smart but not prepared to make decisions when needed quickly and certainly couldn't handle a dirt bike and the surroundings. I'm sorry for their loss. I cannot imagine myself in that situation but... what were they thinking?? If you play with matches, you will get burned!

Posted by: voter on Jul 20, 2008 at 06:43 PM
WOW,,,100% unity in the comments. common sense is alive and well in eastern no. carolina. this country may very well survive in spite of the politicians.

Posted by: joseph on Jul 20, 2008 at 11:58 AM
It's called contributory negligence on the kids parent's.being stupid. why put a 5 year old on a bike that he had no business being on? throw this case out of court or better yet! charge the parents with child abuse.

Posted by: AnonymousB on Jul 20, 2008 at 10:53 AM
My question why wait over a year and four months to decide to sue. Also, I have to agree with every comment that has been posted before mine. Parent must take the responsibility for this tragic accident.

Posted by: Comment on Jul 20, 2008 at 10:36 AM
To the parents: I am truly sorry for your loss. But you need to take the responsibility of having purchased the bike for you son. For taking your son to the track and letting him ride. Harsh? Probably so, but also true. It seems the way of the world these days: a lot of folks not wanting to take responsibility for their own actions. Again, I am truly sorry for your loss.

Posted by: Anonymous on Jul 20, 2008 at 10:34 AM
I brought my child a slip and slide when she was young. For the last fifteen years she has suffered from seizures because of an injury she sustained from PLAYING on it. Could I sue probably and had a very good chance of getting a settlement because there was no warning on the box stating that it could cause severe head and neck injuries. Guess what there is now, that was my settlement. When you buy your child a bike, motorbike, 4 wheeler most people have enough common sense to know what the risks are. They put there child at risk and they are responsible. The owners of the track are only responsible for letting idiots like these two use the facility. Is Nascar responsible for Dale's death, no Dale was.

Posted by: Dave on Jul 20, 2008 at 09:26 AM
I think that these parents need to hire a lawyer and sue themselves for being so dumb.

Posted by: Josh on Jul 20, 2008 at 08:41 AM
Frivilous Lawsuit if i have ever seen one. The parents should be ashamed. They allowed a 5 year old on a motocross track, R U SERIOUS. This case should be thrown out of court right now..frivolous

Posted by: Dad on Jul 20, 2008 at 07:23 AM
Agree with Mom. I think the parents should be charged with child abuse. But I guess you can't fix "stupid". Our legal system is set up for the "stupid's"

Posted by: mom on Jul 20, 2008 at 06:13 AM
Although this is tragic, what was a 5 year old doing operating a motocross bike? THe parents were at fault for setting him up for an accident waiting to happen. It is a shame an innocent child lost his life. Stick to a bike or a big wheel.

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