Archive for the ‘Rule Violation’ Category

A Racing Incident

September 28, 2012

Ketchum v. Mercer Raceway Park, LLC (Pennsylvania)(Not Published)
(A race team crew member was killed when a race car left the racing surface and struck a guard rail in front of the crew member; his estate sued the speedway for wrongful death.)

The incident occurred in 2007 during a race at the defendant’s speedway.  The decedent and a friend were volunteer members of a pit crew.  They were standing near a guard rail and catch fence barrier of the pit area watching a race when a race car moved across the racing surface and collided with the guard rail and catch fence.  The concrete footing of the fence was ripped from the ground, and a steel pole was separated from the footing, striking the decedent.

According to the evidence presented, sometime prior to the incident, the owner of the racetrack hired the track’s manager to improve the fencing around the track for safety reasons.  The manager designed and installed the barrier “on his own” without instruction, guidance, or formal education or training.  He was learning as he went along and utilized his “best guess” as to how far into the ground to place each pole.  The manager was aware that steel posts could be separated from the footing of a fence and pulled from the ground because he had seen it happen before.

Prior to their entry into the facility and participation on the pit crew, the decedent and his friend paid a pit entrance fee and signed a “Release and Waiver of Liability and Indemnity Agreement.”  They understood what they were signing and knew that crashes occurred and had seen cars collide with walls/guard rails.  They had participated as pit crew members at numerous prior events and had signed many prior waiver and release agreements.  The evidence also showed that the racetrack posted rules specific to the pit area at its entrance, along with warning signs to both participants and patrons concerning the possible dangers of watching automobile racing.

In their lawsuit, the plaintiffs argued that the defendant “acted negligently with respect to the construction and installation of the guard rail and fencing.”  The defendant thereafter moved for summary judgment based upon the waiver and release agreements signed by the injured pit crew members.  The plaintiffs made several arguments against the enforceability of the waiver and release documents, but the trial court disagreed, granting the motion.  The plaintiff appealed.  On appeal, the Court of Appeals addressed each of plaintiffs arguments in turn.

(more…)

On The Loose

September 28, 2012

White v. Elias (Ohio)
(An individual who was kicked by an escaped horse brought an action against the horse owner and the property owner; the court ruled that there was no strict liability but that an issue of material fact as to the potential negligence of the defendants.)

A horse boarding facility released horses to graze in a pasture unsupervised.  However, because there was no food trough and because the pasture was bare, six-horse then escaped from the pasture and ended up on a neighboring property.  The neighbor saw the horses and called the plaintiff because she was familiar with the horses.  They asked if she could help lead the horses home.  However, when the plaintiff approached the group of horses, one of them kicked back and hit her in the face, causing serious and permanent injuries.

The plaintiff sued the horse owner and the owner of the property where the horse was boarded, alleging claims for strict liability and negligence.  The defendants moved for summary judgment, which the trial court granted.  The plaintiff appealed.

(more…)

Little League Lawsuit Settlement

August 23, 2012

$14.5 Million Settlement for Injured Minor (New Jersey)
(A 12 year old pitcher playing in a youth baseball game was struck in the chest by a ball projected from a metal bat; his family’s lawsuit against the bat manufacturer, Little League Baseball, and the Sports Authority sporting goods chain was settled.)

As reported here on ESPN.com, the terms of the settlement agreement preclude the parties from discussing its details, including whether any of the defendants admitted liability.  It appears that the issue revolved around whether the metal bat used at the time of the incident was appropriate and safe.  Little League Baseball certifies certain bats for approved use in games involving children.  The injured boy encountered cardiac arrest that led to permanent brain damage, and the settlement will help provide long term care for him for the rest of his life.

Injured Slow-Pitch Softballer Strikes Out in Court

July 6, 2008

Craig v. Amateur Softball Association of America (Pennsylvania)
(Softball Player Struck in the Head by Softball During Game Assumed the Risk of Injury.)

Plaintiff was struck in the head by a softball while playing in a slow-pitch softball game. He was not wearing a helmet at the time and his injuries were serious injuries. The defendant softball league filed a motion for summary judgment, asserting that it did not owe a duty of care to plaintiff to prevent the injury, and that even if such a duty existed, that plaintiff had assumed the risk of this injury by voluntarily choosing not to wear a helmet. In granting defendant’s motion, the trial court ruled that defendant owed no duty to prevent inherent risks of softball. Plaintiff appealed.

(more…)