Church v. Seneca County Agricultural Society
| Decision Date | 01 March 1973 |
| Parties | Robert CHURCH et al., Respondents, v. SENECA COUNTY AGRICULTURAL SOCIETY et al., Appellants, and Joseph Schiavone, Defendant. |
| Court | New York Supreme Court — Appellate Division |
Robert A. Harlem, Oneonta, for respondents.
Winchell, Connors & Corcoran, Rochester, Charles Hall, Rochester, of counsel, for appellants Seneca Co. Agricultural Society & Waterloo Stock Car Racing Assn., Inc.
Capecelatro, Del Buono & Vaughan, Utica, Carl Del Buono, Utica, of counsel, for appellant Charles Gleisner.
Before HERLIHY, P.J., and STALEY, COOKE, SWEENEY and MAIN, JJ.
Appeals by defendants Seneca County Agricultural Society, Waterloo Stock Car Racing Association, Inc., and Charles Gleisner, from an order of Supreme Court at Special Term, entered December 23, 1971 in Otsego County, which denied a motion for summary judgment dismissing the complaint against said defendants.
On May 27, 1967 plaintiff, Robert Church, and his brother Paul Church went to Waterloo, New York to attend stock car races at the Waterloo Raceway. The Waterloo Stock Car Racing Association operated the races on land leased to it by the Seneca County Agricultural Society. When Robert Church reached the racetrack, he stopped at the entrance gate and signed an instrument entitled 'Waiver and release from liability and indemnity agreement.' It was stamped on the top and bottom of the paper in bold face print 'This is a Release.' By reason of his execution of the release, he was permitted to enter the infield area of the racetrack.
After signing the release, Robert and Paul Church got on a trailer carrying a race car being towed by defendant Charles Gleisner, which then proceeded onto the racetrack and across the infield and, while crossing the infield, the trailer was struck by a vehicle operated by defendant Joseph Schiavone, which apparently was out of control. As a result of the collision, Robert Church suffered personal injuries, and commenced this action alleging negligence on the part of all the defendants.
Robert Church admits that he signed the release, and that he knew it had to be signed before he would be permitted to enter the infield area. The sole issue before us is whether the alleged release constitutes a bar to a recovery by him in this action for personal injuries.
The second paragraph of the alleged release provides as follows:
'The undersigned intends hereby, fully and completely to release and indemnify all of the persons, firms, parties and corporations hereinabove or hereinafter stated to be released and indemnified, whether the undersigned is acting in the capacity of photographer, truck driver, ambulance driver, laborer, helper, pit man, mechanic, race car driver or owner, participant, spectator * * *.'
The defendant, Waterloo Stock Car Racing Association, is identified as one of the releasees,...
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Huber v. Hovey, 91-2000
...332 (1965) (spectator who failed to read contract and who did not claim fraud was bound by release); Church v. Seneca County Agric. Soc'y, 41 A.D.2d 787, 788, 341 N.Y.S.2d 45, 47 (1973), aff'd, 34 N.Y.2d 571, 310 N.E.2d 541, 354 N.Y.S.2d 945 (1974) (spectator who signed release in order to ......
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...agreements which would exempt amusement facilities, including auto racetracks, from liability for negligence (Church v. Seneca County Agric. Soc., 41 A.D.2d 787, 341 N.Y.S.2d 45, affd. 34 N.Y.2d 571, 354 N.Y.S.2d 945, 310 N.E.2d 541; Gervasi v. Holland Raceway, 40 A.D.2d 574, 334 N.Y.S.2d 5......
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