McCarthy v. National Ass'n for Stock Car Auto Racing, Inc.
| Citation | 218 A.2d 871,90 N.J.Super. 574 |
| Decision Date | 29 March 1966 |
| Docket Number | No. A--1151,A--1151 |
| Parties | Arthur McCARTHY, Plaintiff-Respondent, v. NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC., et al., Defendants- Appellants. |
| Court | New Jersey Superior Court — Appellate Division |
Edward DeSevo, Jersey City, for appellants (DeSevo & Cerutti, Jersey City, attorneys for National Assn. for Stock Car Auto Racing, Inc., Lynch & Gavarny, attorneys for Old Bridge Stadium).
No appearance for respondent.
Before Judges GOLDMANN, FOLEY and COLLESTER.
This is an appeal from an interlocutory order of the Law Division, pursuant to leave granted, which held that releases given by plaintiff to defendants were invalid as a bar to plaintiff's right to sue for damages.
Plaintiff, a racing car driver, signed releases which purported to immunize defendants from future liability for his injury or death resulting from his participation in a stock car race promoted by defendants. Thereafter, during the course of a race plaintiff's automobile caught fire, causing plaintiff to sustain serious burns. He brought suit against defendants charging they negligently failed to inspect his motor vehicle before the race in violation of the rules of the Department of Law and Public Safety, authorized by N.J.S.A. 5:7--14, and the rules of defendants National Association for Stock Car Racing (NASCAR) and Old Bridge Stadium. In answer to the complaint defendants raised, Inter alia, the defense of release, and that plaintiff's right to recovery, if any, was limited to the benefits contained in the NASCAR benefit plan which he had signed.
Before trial began it was agreed that the trial judge would rule on the validity of such defenses. The judge held that the releases signed by plaintiff were against public policy and could not bar plaintiff's action. He also ruled that plaintiff's right to recovery was not limited to the benefits provided for in the benefit plan. Defendants appealed.
We are in substantial agreement with the conclusions of Judge Martino, whose opinion is reported at 87 N.J.Super. 442, 209 A.2d 668 (1965). The operation and conduct of motor vehicle races is regulated by N.J.S.A. 5:7--8, et seq., and rules and regulations promulgated pursuant to the statute by the Department of Law and Public Safety. The purpose of the statute and the rules and regulations is to protect the safety of both spectators and participants. Where the public interest is involved, as...
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