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Torts Keyed to Dobbs
Winterstein v. Wilcom
Facts
Winterstein was injured when his vehicle hit a 36″ long, hundred pound cylinder head lying on a drag racetrack owned by the Defendant. Winterstein was participating in a race at the time of the accident for which he had paid an entry fee. Additionally, Winterstein had signed a release, assuming all risks of injury and releasing all others involved from liability. Defendant’s employees were stationed in a tower to watch for hazards on the track during the race, but negligently failed to do so. Winterstein brought a claim for personal injuries and his wife brought a claim for loss of consortium. The trial court dismissed both claims and Plaintiffs appealed.
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