Tag Archives: drag racing

Apparent Authority: Know Who is Signing the Waiver

By Doyice Cotten

Tony Coleman sued Otese, Ltd. (d/b/a Texas Raceway) for injuries he sustained at a drag strip owned by  Otese (Coleman v. Otese, Ltd, 2020). He claimed there was excessive oil on the racetrack.  The trial court granted summary judgment to the defense, in part based on the waiver signed by Coleman.

Coleman appealed making several arguments – one of which was that he had not signed the waiver.

Illinois Drag Racing Waiver Upheld for Negligence — But not for Strict Liability

By Doyice Cotten

David Jones, suffered permanent injuries in a drag-racing accident resulting from the failure of an added part during the performance of a wheelie. He filed this products liability action against UPR and numerous other entities alleged to have participated in the production or design of the Product, alleging negligence and strict liability (Jones v. UPR Products, Inc., 2016 U.S. Dist. LEXIS 54887)

He had previously signed a Waiver of Liability Assumption of Risk and Indemnity Agreement.

Waivers & Non-Readers: Another Factor to Think About!

By Doyice Cotten

The author has written about some of the problems with having non-readers sign a waiver.  There can be problems whether the person is simply illiterate or does not speak and read English. Some courts have ruled that one is responsible for what one signs and have enforced waivers signed by non readers.

For instance, an Iowa court (Adams v. Frieden, Inc., 2002) ruled against a legally blind woman who had sued challenging a waiver protecting against liability for injuries incurred in the pit area of an auto racetrack The court stated that the state supreme court had not carved out a disability exception to the rule that people are bound by documents they sign even if they have not read them.

New Jersey Raceway Learns that Good Samaritan Statutes have Limitations!

By Doyice Cotten

Every state has some form of Good Samaritan statute which is intended to provide immunity from liability for certain parties who voluntarily and gratuitously come to the aid of injured persons. Good Samaritan laws were developed to encourage both physicians and laymen to help others in emergency situations. These statutes, however, are not without limitation as Atco Raceway, Inc. found out in a New Jersey case (Cruz v. Atco Raceway, Inc.,