Johnson & Bell Shareholder, Charles P. Rantis, obtained dismissal with prejudice of a complaint filed against a suburban racetrack and one of the race car drivers. In this case, plaintiff was attending a race at the speedway. His ticket also granted plaintiff special access to the restricted pit area located adjacent to the race track, where garages are situated for each of the racers and their racing teams. During an intermission on the race day, plaintiff tried to cross the track to the pit area and was struck by a race car. The plaintiff sustained severe injuries which required surgical intervention. Plaintiff sued the owner of the speedway, claiming negligent maintenance, ownership, and management of the speedway. The estate of the driver of the race car (who died after the incident of unrelated causes) was sued for negligent operation of a motor vehicle. Defense filed a Motion to Transfer Venue from Cook County to Kane County, which was granted. Then defense filed a motion for dismissal, arguing that plaintiff signed and agreed to a clear and unequivocal Release and Waiver of Liability. The court agreed with defense’s arguments and dismissed the case with prejudice against the race track owner and the estate of the driver of the car.
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