National & International Brotherhood of Street Racers, Inc. v. Superior Court

Opinion

COMPTON, J.

In a personal injury action, two defendants, by separate petitions for writ of mandate, seek to compel the trial court to grant their

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motions for summary judgment on the basis of a release signed by the plaintiff before his injury.

Plaintiff is a professional automobile and race car mechanic and an experienced race car driver. On January 15, 1984, he competed in an automobile drag race at a track on Terminal Island. His car, a top-fuel dragster, was capable, in his words, of “unlimited” speed. With plaintiff at the wheel, the car left the starting line in reverse gear and crashed into shipping containers. Plaintiff was removed from the car and taken by ambulance to a hospital. He suffered crippling injuries.

Plaintiff sued the race organizer, the landowner, the ambulance company, the hospital, a hospital physician, and the owner of the shipping containers. The present petitions, however, concern only the claims against the race organizer (petitioner National and International Brotherhood of Street Racers, Inc.) and the landowner (petitioner City of Los Angeles).

In connection with competing in the race, the contestants, including plaintiff, signed a printed release. The tenor of the release was an agreement that any injury the signatories might suffer would not be the legal responsibility of the track owner or the race organizer. A copy of the release is attached as an exhibit to this opinion. It contains the following language: “I . . . Do Hereby: [fl] 1. Release, Discharge and Covenant Not to Sue the track operators, track owners, land owners, racing association, and each of them . . . from any and all claims and liability arising out of. . . ordinary negligence of releasees or any other participant which causes the undersigned injury, death, damages or property damage. . . . [fl] 2. [I] Understand . . . that there is Inherent Danger in racing which I appreciate and voluntarily assume .... I have inspected the racing surface, access roads, shoulders, equipment, barriers or lack thereof ... I Voluntarily Elect to Accept All Risks connected with my . . . participation in any racing events. ... [fl] I Have Read This Document. I Understand It Is A Release of All Claims, fl[] I Understand I Assume All Risk Inherent in Racing, [fíj I Voluntarily Sign My Name Evidencing My Acceptance of the Above Provisions.”