Maness v. Santa Fe Park Enterprises., Inc.

700 N.E.2d 194, 298 Ill. App. 3d 1014, 233 Ill. Dec. 93, 1998 Ill. App. LEXIS 590
CourtAppellate Court of Illinois
DecidedAugust 27, 1998
Docket1-96-4215
StatusPublished
Cited by22 cases

This text of 700 N.E.2d 194 (Maness v. Santa Fe Park Enterprises., Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maness v. Santa Fe Park Enterprises., Inc., 700 N.E.2d 194, 298 Ill. App. 3d 1014, 233 Ill. Dec. 93, 1998 Ill. App. LEXIS 590 (Ill. Ct. App. 1998).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff’s decedent, Edward L. Maness (Maness), suffered an ultimately fatal heart attack while participating in a stock car race at Santa Fe Speedway (Santa Fe) on July 10, 1993. Plaintiff, Leanne Maness (plaintiff), filed suit individually and as special administrator of the estate of her husband, seeking damages as a result of Edward’s death. On October 23, 1996, the trial court granted the motion of defendants, Santa Fe Enterprises, Inc., d/b/a Santa Fe Speedway, and National Association for Stock Car Auto Racing, Inc. (NASCAR) (defendants), to dismiss plaintiff’s second amended complaint with prejudice. Plaintiff appeals that order. We affirm. The relevant facts are as follows.

On July 10, 1993, Maness participated in an auto race at defendants’ race track. At the time Maness was 51 years old and had been racing stock cars for many years. During the race Maness suffered an ultimately fatal heart attack. Maness died on July 11, 1993. Plaintiff was named special administrator of her husband’s estate.

Prior to participating in the July 10, 1993, race, Maness signed three releases/waivers of liability expressly agreeing to release, waive, and discharge defendants from all liability for his injury or death whether caused by the negligence or gross negligence of defendants or otherwise.

In April 1993, Maness applied for NASCAR membership and a NASCAR license in order to participate in NASCAR-sponsored racing events. In exchange for becoming a member and receiving a NASCAR license Maness paid a $65 fee and signed a “Release and Waiver of Liability and Indemnity Agreement,” which provided in pertinent part that Maness:

“1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoter, participants, racing association, sanctioning organization or any subdivision thereof, track operator, track owner, *** from all liability to the undersigned, his/ her personal representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demands therefore on account of the ‘releasees’ or otherwise while the undersigned is in or upon the restricted area, and/or competing, officiating in, observing, working for, or for any purpose participating in the EVENT(S);
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the ‘releasees’ and each of them for any loss, liability, damage, or cost they may incur due to the presence of the undersigned in or upon the restricted area or in any way competing, officiating, observing, or working for, or for any purpose participating in the EVENT (S) and whether caused by the negligence or gross negligence of the ‘releasees’ or otherwise.
3. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence or gross negligence of ‘releasees’ or otherwise while in or upon the restricted area and/or while competing, officiating, observing, or working for or for any purpose participating in the EVENT(S).”

Prior to the July 10, 1993, race, Maness also signed a competitor permit, which contained a release and waiver of liability agreement identical to that contained in the NASCAR membership application. Maness signed this release in consideration for being allowed to compete in the race.

Moreover, on July 10, 1993, Maness paid a fee and obtained a pit permit, which allowed him to enter the pit area at the race track and to compete in the races being held that evening. The pit permit contained the following release agreement, which Maness signed:

“I hereby release speedway owner, operator, promoter, sanctioning body and any other person or persons connected with the racemeet for which this Pit Permit has been issued from all liability for personal injury or property damage whether arising from claims of negligence, gross negligence or any other cause, while preparing, practicing, qualifying or participating in or attending said race-meet.”

On July 6, 1995, plaintiff, individually and as special administrator of her husband’s estate, filed a two-count complaint against defendants. Count I, sounding in negligence/wrongful death, alleged that defendants negligently delayed providing medical assistance to Maness, causing his heart attack to become “irreversible” and resulting in his death. Count II was brought by plaintiff individually and alleged infliction of mental distress. The trial court granted defendants’ motion to dismiss and granted plaintiff leave to file her first amended complaint.

Plaintiffs first amended complaint set forth expanded versions of the two counts contained in the original complaint. Count I sounded in negligence, alleging that Maness was participating in a race when his car struck the track’s outside wall and rolled to a stop in the track’s infield; that Maness gave no hand signal to indicate that he was not in need of medical aid; that defendants negligently failed to immediately stop the race and dispatch medical personnel; that defendants did not dispatch medical personnel until the next race event was completed; that as a proximate result of this negligence Maness’s heart attack “went unattended for a protracted amount of time so that it became irreversible”; and that the “danger of not being promptly sent medical assistance was not foreseeable because Maness “had a reasonable expectation that he would receive prompt medical attention.” Count II attempted to state a cause of action for “extreme and outrageous misconduct” alleging:

“19. That the plaintiff, Leanne Maness, was the wife of Edward L. Maness; she was present in the grandstands of the defendants’ track; she saw that her husband needed help; she saw no movement in his car; she saw no signal from him indicating that he was all right; she saw his pit crew pleading for someone to go help; she heard others asking officials to send help; she ran to the starter’s gate to go help her husband; defendants’ employees stopped her; defendants’ employees heard her yells, screams and crying; and she observed the defendants’ employees refusing to allow a registered nurse from going to her husband’s assistance.
20. That the defendants ignored all entreaties for help, refused to allow others to help and observed plaintiff’s anguish resulting therefrom.
21. That as a direct and proximate result of the aforesaid extreme and outrageous misconduct of defendants’ agents, servants and employees, the plaintiff, Leanne Maness, sustained severe and permanent mental and emotional trauma and shock.”

The trial court granted defendants’ motion to dismiss the first amended complaint with prejudice on July 11, 1996. The court found count I to be barred by the releases signed by Maness, which “were clearly intended to cover any and all risk of death due to the negligence or gross negligence of the defendants.” Count II was dismissed for failure to state a cause of action, as Illinois law does not recognize the tort of “outrageous misconduct” and the facts alleged were insufficient to state a cause of action for intentional or negligent infliction of emotional distress.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barahona v. Snowstar Corp.
2025 IL App (4th) 240956-U (Appellate Court of Illinois, 2025)
Doe v. Genesis Health System
C.D. Illinois, 2024
Sims v. Dart
2022 IL App (1st) 210890-U (Appellate Court of Illinois, 2022)
Berger v. Schiff Hardin, LLP
2020 IL App (1st) 192329-U (Appellate Court of Illinois, 2020)
In Re: Dimas
N.D. Illinois, 2020
Woods v. Maryville Academy
N.D. Illinois, 2018
Hawkins v. Capital Fitness, Inc.
2015 IL App (1st) 133716 (Appellate Court of Illinois, 2015)
Spears v. The Association of Illinois Electric Cooperatives
2013 IL App (4th) 120289 (Appellate Court of Illinois, 2013)
Marcatante v. City of Chicago
657 F.3d 433 (Seventh Circuit, 2011)
Walsh Chiropractic, Ltd. v. StrataCare, Inc.
752 F. Supp. 2d 896 (S.D. Illinois, 2010)
City of Santa Barbara v. Superior Court
161 P.3d 1095 (California Supreme Court, 2007)
Platt v. Gateway International Motorsports Corp.
351 Ill. App. 3d 326 (Appellate Court of Illinois, 2004)
Platt v. Gateway Intern. Motorsports Corp.
813 N.E.2d 279 (Appellate Court of Illinois, 2004)
McIntosh v. Cueto
752 N.E.2d 640 (Appellate Court of Illinois, 2001)
Cole v. Ladbroke Racing Michigan, Inc
614 N.W.2d 169 (Michigan Court of Appeals, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
700 N.E.2d 194, 298 Ill. App. 3d 1014, 233 Ill. Dec. 93, 1998 Ill. App. LEXIS 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maness-v-santa-fe-park-enterprises-inc-illappct-1998.