A former instructor at the SpeedVegas driving facility is suing the track claiming that it is “unnecessarily dangerous”, shortly after the track was named as the location for Top Gear America.

The lawsuit, filed in Clark County District Court seeks for the track south of Las Vegas to be closed until it is redesigned and made safer. The suit has been filed by Francisco Durban, a former employee of SpeedVegas and follows on from a fatal crash there last month that killed two people in a Lamborghini.

Las Vegas Review-Journal says that the suit alleges that the SpeedVegas circuit “is inherently, excessively and unnecessarily dangerous in design and operation.” Additionally, it says that the brakes of the cars used at the track aren’t correctly maintained.

It is also revealed in the suit that the fatal February crash where a customer and instructor died, involved a white Lamborghini Aventador Roadster that had brake problems, didn’t have a roll bar or roll cage and shouldn’t have been used on the track, according to the ex-employee. It is also alleged that the car has a host of aftermarket modifications at the time of the crash, including a new exhaust system.

“Unsafe or unreasonably dangerous conditions continue to exist at SpeedVegas following the fatal crash that SpeedVegas had not changed and that are a threat to plaintiff, his co-workers as well as customers of SpeedVegas,” the lawsuit reads.

Last week, BBC America announced that SpeedVegas would be the location of its studio and test track for the upcoming season of Top Gear America.

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