INDIANAPOLIS (AP) - A federal judge dismissed a class-action lawsuit against Formula One, French tiremaker Michelin and the Indianapolis Motor Speedway by fans upset about the boycott of the U.S. Grand Prix by seven race teams last year.


Judge Sarah Evans Barker ruled the fans had no basis to sue and likened their claim for damages to fans suing because of a "blown call" by officials in other sports. A lawyer for the plaintiffs said Friday the decision would be appealled to the 7th U.S. Circuit Court of Appeals in Chicago.

"It's to be assumed that the Michelin teams made the decision they believed to be in their best competitive and professional interests, and in doing so, they owed no legal duty to let the preferences of the spectators trump their own good judgment,"

Barker wrote in a 12-page ruling signed Thursday.


Last year's boycott was prompted by the failure of two Michelin tires during practice, one of which caused a crash that prevented Ralf Schumacher from competing in the U.S. Grand Prix at the Speedway. Michelin then said the tires were unsafe for the 2.6-mile Indianapolis road course, and after world auto racing officials refused to consider installing a curve to slow the cars, Michelin advised its teams not to compete.

Follow up:

With Ricardo Zonta replacing Schumacher, all 20 cars lined up at the start, but 14 of them pulled off the track before the race began, leaving only winner Michael Schumacher and five others using Bridgestone tires. Michelin, which announced in December it would withdraw from F-1 after this season, also offered to refund money to fans who bought tickets for the race and to buy 20,000 tickets for fans this year.

"Obviously, we are very pleased with the decision," Speedway spokesman Ron Green said Friday. "We're just a little over two weeks out from the United States Grand Prix, and having this behind us is a huge relief.
"We can turn our full attention to presenting a world-class motorsports event here at the Speedway,"

Green said of the July 2 race.


Indianapolis lawyer Henry J. Price said an appeal would be filed next week in Chicago.

"We are very disappointed, of course," he said. "We believe . . . they did not comply with their contract and did not comply with their advertising and did not comply with their contract under the ticket and therefore we were entitled to recover for breach of contract.
"There are fact questions inherent in that that should have been left for resolution by the jury."

Barker's ruling threw out 10 class action suits that were consolidated into one action in which the plaintiffs sought punitive damages as well as compensatory damages for ticket costs, travel expenses and food. The defendants also included the seven teams that used Michelin tires - BMW-Williams, Mercedes-McLaren, BAR-Honda, Toyota, Sauber, Red Bull and Renault - as well as Bridgestone-Firestone and Michael Schumacher's winning Ferrari team.

"Michelin is very pleased with judge Barker's decision," said Michael Fanning, vice-president of corporate affairs for Michelin's operations in North America. "Michelin has always felt that our quick action to voluntarily refund all tickets to the 2005 race and to purchase 20,000 tickets to the 2006 race was the right thing to do in the interest of the fans and the sport.
"We and our partner teams now look forward to a very competitive 2006 United States Grand Prix."

In her ruling, Barker also noted each ticket to the race clearly stated no refund on the front and a disclaimer of liability by the Speedway and any affiliates or participants from all claims arising from the race.


She said the teams' non-participation could be compared with star football players being suspended from bowl games or NBA players being benched, even though fans bought tickets expecting to see them.

"The power to make those decisions is the implicit - perhaps even explicit - risk that sports fans assume when they buy a ticket of admission to a sporting event,"

Barker wrote.


Source: Autonet