Thomas v. Sports Car Club of America, Inc.
| Decision Date | 21 May 1980 |
| Docket Number | Nos. 78-2472,79-432,s. 78-2472 |
| Citation | 386 So.2d 272 |
| Parties | Anita C. THOMAS, as personal representative of Randolph R. Thomas, Deceased, Appellant/Cross-Appellee, v. SPORTS CAR CLUB OF AMERICA, INC., Florida Region-SCCA, Inc., Gold CoastRaceway, Inc., d/b/a Palm Beach International Raceway et al.,Appellees/Cross-Appellants. |
| Court | Florida District Court of Appeals |
John A. DeVault, III and William C. Gentry of Bedell, Bedell, Dittmar & Zehmer, Jacksonville, for appellant/cross-appellee.
Majorie D. Gadarian of Jones & Foster, P. A., West Palm Beach, for appellees/cross-appellants.
This is an appeal from a final judgment entered after the court granted a motion for directed verdict against the appellant on her action for the wrongful death of her deceased husband.
The deceased was killed while driving in a sports car race at Palm Beach International Raceway. Before the race started the deceased executed a release in favor of the appellees and others. The release provided:
IN CONSIDERATION of being permitted (1) in racing events, to enter for any purpose the RESTRICTED AREA (herein defined as the area to which admission for the general public is prohibited, including but not limited to the pit areas and racing surface, including walkways, concessions and other appurtenances therein), or (2) in non-racing events, to compete, officiate, observe, work for or for any purpose participate, each of the Undersigned, for himself and personal representatives, assigns, heirs and next of kin, agrees, and on the direct representation that he has, or will immediately inspect such RESTRICTED AREA and he does further warrant that his participation in the scheduled event and his entrance upon the RESTRICTED AREA, constitute an acknowledgment that he has inspected the RESTRICTED AREA and that it is safe and reasonably suited for the purposes of the program for which this Release and Waiver applies:
1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Sports Car Club of America, Inc., SCCA Regions, their officers and members; officials, car owners, drivers, pit crews, participants, racing associations, persons in the Restricted Area, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the event, and each of them, their officers and employees, all for the purposes herein referred to as RELEASES, from all liability to the Undersigned, his personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or demands therefor, on account of injury to the person or property or resulting in death of the Undersigned, whether caused by the negligence of Releasees or otherwise while the Undersigned is in or upon the Restricted Area, and/or competing, officiating in, working or for any purpose participating in such event;
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of Undersigned in or upon the Restricted Area and whether caused by the negligence the Releasees or otherwise; and
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK of bodily injury, death or property damage due to negligence of Releasees or otherwise while in or upon the Restricted Area, and/or while competing, officiating in, working or for any purpose participating in such event;
Each of the Undersigned expressly agrees that the foregoing Release, Waiver and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the state in which the event is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF ALL LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representation statements or inducements apart from the foregoing written agreement have been made.
In the subsequent wrongful death action, the appellant sought to avoid the release on the theory that the release was latently ambiguous and that the parties to the release actually intended that the release only apply to claims in excess of one million dollars, which was the amount of event liability insurance that the appellee, Foremost Insurance Company, issued to protect the appellees, the deceased and other race participants. The appellees relied on the release as a complete defense and...
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