Recently, a state appellate court issued an opinion in a Florida personal injury case involving an accident that occurred on the Daytona International Speedway. The case required the court to determine whether the plaintiff was prevented from pursuing a claim against the Speedway based on a release of liability waiver she had signed before the accident. Ultimately, the court concluded that although the waiver was valid and enforceable, it did not cover the specific claim made by the plaintiff.
The Facts of the Case
The court’s recitation of the facts was brief; however, it appeared from the court’s discussion of the facts that the plaintiff was a pit-crew member for one of the racers. Before the plaintiff was allowed onto the racetrack, the Speedway asked that she sign a document that was a release and waiver of liability. By signing the document, the plaintiff agreed that she was aware of the risks involved with standing on the racetrack, and that she agreed not to sue the Speedway if she was injured. The document explicitly stated that it applied to “all acts of negligence.”
According to the court’s opinion, one day the plaintiff was standing in a restricted access area when she was run over by a tow truck that was backing up into the area. Evidently, the tow truck driver was being directed into the area by two employees of the Speedway.