Archive for the ‘Motorsports’ Category

Blown Engine – Drag Racer Dies During a Track Rental Session; Racetrack Faced with Triable Issues, Possible Punitive Damages (NJ)

August 26, 2015

Cruz v. ATCO Raceway, Inc. (New Jersey)
(trial court disposition)

Jose Cruz was involved a fiery crash that occurred at the drag racing strip owned by the defendant.  The accident was caused by a “catastrophic engine failure,” and Jose was severely burned.  Although he managed to escape the car and walk away from the wreck, he ultimately died at the hospital.  A lawsuit was filed by Jose’s widow on her own behalf and on behalf of Jose’s estate, alleging negligence, negligence per se, wrongful death, and survivorship.  The lawsuit also sought punitive damages.  The defendant filed a motion for summary judgment, and the New Jersey District Court granted the motion in part and denied the motion in part. (more…)

A Racing Incident – Claims of Go Kart Driver Injured by Driver with Down Syndrome to be Decided by a Jury (NY)

August 20, 2015

Corneli v. Adventure Racing Co., LLC (New York)
(trial court disposition)

Plaintiff participated as driver in go kart activities at the defendant’s racing entertainment facility, and he was injured when his go kart was struck by the go kart operated by defendant C.S., a seventeen-year-old who suffered from Down’s Syndrome.  Plaintiff filed a lawsuit against the facility, alleging that the facility was negligent in the ownership, operation, management, maintenance supervision, staff training and control of the go kart ride and in the supervision and control of C.S.  The lawsuit was also filed against C.S. for negligently operating and driving the go kart, and C.S.’s alleged mother and father for negligent entrustment and allowing C.S. to negligently operate the go kart in a dangerous manner.

The defendant go kart facility filed a motion for summary judgment based on the doctrine of assumption of risk.  C.S.’s alleged mother and father filed cross-claims against the facility, and the mother and father filed a motion for summary judgment, claiming that they were not responsible for C.S.’s conduct.  Plaintiff then filed his own motion for summary judgment.  The New York U.S. District Court addressed each motion in turn.
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Yellow Flag – Amusement Park Go-Kart Operator Not Liable for Injury from On-Track Collision (TX)

June 3, 2015

Weaver v. Celebration Station Properties, Inc. (Texas)

Kerri Weaver (“Weaver”) and her three children visited the defendant’s amusement park in Oklahoma City, Oklahoma.  Weaver took one of her children on a go-kart ride at the facility and was involved in an on-track incident.  Another driver bumped Weaver’s go-kart, causing Weaver to suffer a heel fracture.  Weaver filed a state court action in Texas, alleging defendant’s “negligent failure to inspect the amusement area, adequately warn customers not to bump into other go-karts, train and supervise its employees, and instruct and train go-kart drivers, caused her injury.”  Additionally, Weaver filed a claim on behalf of her minor child for “bystander suffering.”  The defendant timely removed the case to federal court on the basis of diversity jurisdiction and, after discovery, moved to summary judgment, “arguing that it owed Weaver no duty to warn her about the open and obvious risks inherent in go-kart racing and, in any event, did not breach that duty.”

In opposition to the motion, Weaver argued that defendant “owed her a duty as a business invitee and breached this duty when it failed to guard against other reckless drivers.”  In her opposition, Weaver referred to her own deposition testimony and the deposition testimony of the defendant’s corporate representative.  However, Weaver failed to attach the deposition testimony to her opposition.  Defendant replied, reiterating its previous arguments and citing Weaver’s failure to attach the evidence.  Weaver filed a surreply, attaching the documents she failed to submit earlier, and the defendant moved to strike the surreply.

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Pit Road Penalty – Release Agreements Enforceable But Not to Bar Negligent Bleacher Maintenance Claim (NY)

May 4, 2015

Stevens v. Payne (NewYork)
(trial court opinion)

The plaintiff was injured while watching his daughter compete as a race care driver at a racetrack in New York.  Plaintiff suffered a heart attack and fell off of bleachers landing six feet below onto the ground, resulting in permanent paralysis of his legs.  He then sued the racetrack (Skyline Raceway) and the sprint car sanctioning entity (Capital Region Sprintcar Agency [“CRSA”]), alleging there was a dangerous condition on the bleachers because they lack side railing.  CRSA file a motion for summary judgment on tow grounds: (1) it did not owe a duty to plaintiff for the condition of the bleachers because it neither owned nor controlled them; and (2) the plaintiff’s cause of action was barred by the two waiver and release agreements signed by the plaintiff (one signed for the CRSA in connection with the race car entry, and one signed for Skyline at the event on the day of the incident).

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