Rain and the threat of a lawsuit

Monday, May 9, 1960 – Two days after the Rebel 300 NASCAR convertible race at Darlington (S.C.) Raceway was halted due to rain, one of the race’s chief contenders threatened to file a lawsuit against the sanctioning body and its founder, William H.G. France. Joe Weatherly said he would seek legal action if the race, scheduled to be completed on May 14, was resumed under the caution flag as proposed by France. Darlington Raceway president Bob Colvin sided with Weatherly and said according to NASCAR’s own rulebook, a race could only be restarted in one of two ways – under the green flag at the point it was halted or reverting to the start and beginning under green at lap 1.

Weatherly’s concern was that he and at least two other drivers had pitted for fuel during the 16 laps run under yellow for rain after lap 58. Resuming the race under five laps of yellow, he said, provided those who had not pitted with an unfair advantage – they would be able to pit and not lose a lap as he had done before the race was halted. Fireball Roberts was the race leader at the time the race was halted but was low on fuel.

France told the Florence Morning News that the situation was “an unprecedented event” and that “we have no rule to coverage. I simply had to let my conscious be my guide.”

So what happened? The race, held the following Saturday, was resumed under the yellow flag and Weatherly wound up in victory lane. And no lawsuit was filed. “I don’t think we even ought to talk about that,” he said after his first Darlington victory.