PA: Jury Upholds Waiver; Paralyzed Racecar Driver Loses Suit Against Speedway

On Monday in my home county, a jury returned a defense verdict in the tragic case of a man who became a quadriplegic in a sprint-car racing accident at the Williams Grove Speedway on September 5, 2008.  The plaintiff argued the speedway should have had a device (a catch fence) in place that would have greatly reduced the likelihood of injuries.  In addition to denying that allegation, the speedway presented a waiver supposedly signed by the plaintiff.  (Like many jurisdictions, Pennsylvania upholds the express assumption of risk doctrine in the recreational context.)  Plaintiff argued that the date and witness lines of the waiver form were not filled in and the waiver was, thus, invalid.  The jury deliberated 3 hours before determining the waiver was valid and, therefore, reaching a defense verdict.  The Patriot-News has details.

–CJR