SpeedVegas to remain open as attorneys near settlement

SpeedVegas will remain open as attorneys close in on a confidential settlement agreement that will be completed within two weeks.

An attorney for the track south of Las Vegas and another representing a SpeedVegas driving instructor told Clark County District Judge Joe Hardy on Thursday that they are close to resolving differences raised in a lawsuit submitted March 20 and SpeedVegas’ response, filed Tuesday.

“Both sides are satisfied, it makes no sense to go forward with litigation,” said Las Vegas attorney Dominic Gentile, representing SpeedVegas driving instructor Francisco Durban, who filed an emergency motion to close the SpeedVegas track.

Durban chose not to work since a Feb. 12 crash at the track that killed driving instructor Gil Ben-Kely and Canadian tourist Craig Sherwood.

SpeedVegas offered several options to employees following the crash, including a 60-day leave, but asked them to sign a document saying that “every precaution has been taken to ensure my safety as well as the safety of our guests.”

Durban did not sign the form and asked the court to rule that SpeedVegas close until the company took further safety precautions, according to court documents filed March 20.

SpeedVegas contended in its opposition filing that Durban has not been terminated and shouldn’t be allowed to seek a restraining order to close the track.

Attorney David Chesnoff, representing SpeedVegas, said in court the parties have reached a settlement agreement that only needs to be“reduced to writing.”

About a minute before the court hearing began, Chesnoff told reporters, “this will be resolved quickly.” And he was right.

The court case was over before television reporters had a chance to set up their cameras and as a group of reporters and onlookers were starting to warm their seats.

“Mr. Gentile and I talked and were able to work out an agreement,” Chesnoff said. “The track is open for business. … They filed a motion, we filed a response and the matter is settled.”

Aaron Fessler, CEO of SpeedVegas, had no comment after the hearing outside the courtroom.

Once the settlement documents are prepared, “the highest probability is that we will never come back to court on this case,” Gentile said.

However, there may be other cases to come. The affidavits included in Gentile’s court documents have a footer that states “Ben-Kely Affidavit.”

As previously reported by the Review-Journal, there has been no movement by private tracks or government leaders to draft regulations to monitor attractions like SpeedVegas.

Contact Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Follow @RickVelotta on Twitter. Contact Nicole Raz atnraz@reviewjournal.com or 702-380-4512. Follow @JournalistNikki on Twitter.