Platt v. Gateway Intern. Motorsports Corp.

813 N.E.2d 279, 351 Ill. App. 3d 326, 286 Ill. Dec. 222
CourtAppellate Court of Illinois
DecidedAugust 6, 2004
Docket5-03-0472
StatusPublished
Cited by24 cases

This text of 813 N.E.2d 279 (Platt v. Gateway Intern. Motorsports Corp.) 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
Platt v. Gateway Intern. Motorsports Corp., 813 N.E.2d 279, 351 Ill. App. 3d 326, 286 Ill. Dec. 222 (Ill. Ct. App. 2004).

Opinion

813 N.E.2d 279 (2004)
351 Ill. App.3d 326
286 Ill.Dec. 222

Waddill PLATT, Plaintiff-Appellant,
v.
GATEWAY INTERNATIONAL MOTORSPORTS CORPORATION, Fred A. Grueber, Millers Industries, Miller Industries Towing Equipment, Inc., and Championship Auto Racing Teams, Inc., Defendants-Appellees.

No. 5-03-0472.

Appellate Court of Illinois, Fifth District.

Rule 23 Order Filed July 2, 2004.
Motion to Publish Granted August 6, 2004.
Opinion Filed August 6, 2004.

*280 Edward J. Szewczyk, Callis, Papa, Jackstadt, Szewczyk, Rongey & Danzinger, Granite City, for Appellant.

Georgiann Oliver, Donovan, Rose, Nester & Joley, P.C., Belleville, for Fred A. Grueber, Miller Industries and Miller Industries Towing Equipment, Inc.

Michael J. Bedesky, Reed, Armstrong, Gorman, Mudge & Morrissey, P.C., Edwardsville, for Gateway International Motorsports Corp. and Championship Auto Racing Teams, Inc.

HOPKINS, Justice.

The plaintiff, Waddill Platt, brought this personal injury action in the circuit court of Madison County, charging the defendants, Gateway International Motorsports Corp., Fred A. Grueber, Miller Industries, Miller Industries Towing Equipment, Inc., and Championship Auto Racing Teams, Inc., with negligence and willful and wanton conduct. With regard to the plaintiff's allegations of negligence, the circuit court granted a summary judgment for the defendants because the plaintiff had signed an agreement exculpating the defendants from liability. Pursuant to Supreme Court *281 Rule 308 (155 Ill.2d R. 308), this court allowed the plaintiff's interlocutory appeal.

On appeal, the plaintiff contends that the exculpatory agreement does not bar his negligence allegations against the defendants because the term "event" in the exculpatory agreement was ambiguous and because the parties did not contemplate the risk involved.

We affirm.

FACTS

As a Marlboro Team Penski public relations employee of Philip Morris, the plaintiff attended various stock and Indy car races, including Championship Auto Racing Teams, Inc. (CART), events. At the CART racing event held at Gateway International Race Track (Gateway) in May 1998, the plaintiff was responsible for hospitality services, i.e., managing hotel rooms for VIP guests, monitoring track signs, feeding the media, and administering cigarette sales incentives. The plaintiff's base of operations was a Marlboro media trailer located on the infield, where the plaintiff was required to cross the racetrack to enter or exit.

On May 22, 1998, prior to qualifying rounds, multiple tow trucks traveling from 55 to 70 miles per hour circled the Gateway racetrack to dry it, a standard postrain practice in the auto racing industry. After being signaled to cross by a Gateway employee, the plaintiff exited the infield by driving across the racetrack and collided with a tow truck driven by the defendant Fred Grueber.

Prior to the collision, on January 13, 1998, the plaintiff executed a "1998 Championship Auto Racing Teams, Inc.[,] ANNUAL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK[,] AND INDEMNITY AGREEMENT," which provided:

"IN CONSIDERATION of my being granted a membership, license[,] and/or competition privileges in Championship Auto Racing Teams, Inc. (hereinafter known as CART)[,] sanctioned EVENT(S)[] as a[ ] CART and/or American Racing Series, Inc., participant or being permitted to compete, practice, officiate, observe, work for, or for any purpose participate in any capacity in the EVENT(S) for and during the calendar year of 1998[ ] or being permitted to enter for any purpose or in any capacity any RESTRICTED AREAS (defined as any area requiring special authorization, credentials, or permission to enter any area to which admission by the general public is restricted or prohibited), I * * *
* * *
2. HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Championship Auto Racing Teams, Inc., American Racing Series, Inc., the promoters, organizers, participants, racing associations, sanctioning organizations or any subdivision thereof, track operators, track owners, * * * any persons in any RESTRICTED AREAS, promoters, sponsors, advertisers, [and] owners, lessees, designers[,] and constructors of premises used to conduct the EVENT(S), * * * all for the purpose herein referred to as the RELEASEES, FROM ALL LIABILITY TO ME * * * FOR ANY AND ALL LOSS OR DAMAGE[ ] AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO ME OR MY PROPERTY OR RESULTING IN MY DEATH ARISING OUT OF OR RELATED TO THE EVENT(S) from any cause whatsoever, including, without limitation, the failure of anyone to enforce rules and regulations, the failure to make inspections, the condition of any portion of the track or premises, defective *282 products, and any act or omission of the RELEASEES or any of them or any other act WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE AND WHETHER OR NOT OCCURRING IN RESTRICTED AREAS.
* * *
6. HEREBY AGREE that this ANNUAL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK[,] AND INDEMNITY AGREEMENT extends to all acts of negligence by the RELEASEES * * * and is intended to be as broad and inclusive as is permitted by the laws of the Municipality, Province, State[,] and/or Country in which the EVENT(S) is/are conducted * * *."

On October 15, 1999, the plaintiff filed a second amended complaint, alleging that the defendant Gateway International Motorsports Corp. negligently constructed and maintained its premises; that the defendant Fred Grueber and his employer, Miller Industries and Miller Industries Towing Equipment, Inc., negligently operated the tow truck that collided with the plaintiff's automobile; and that the defendant Championship Auto Racing Teams, Inc., negligently operated, controlled, and maintained the racetrack. On June 16, 2000, the plaintiff amended his second amended complaint, adding allegations of willful and wanton conduct.

On July 14, 2000, the circuit court granted a summary judgment in favor of the defendants with regard to the plaintiff's allegations of negligence. On July 18, 2003, the circuit court entered an order finding that the July 14, 2000, ruling involved a question of law regarding which there was substantial ground for difference of opinion and that an immediate appeal may materially advance the ultimate termination of the litigation. The circuit court certified the following question of law to this court:

"Whether the exculpatory agreement signed by Plaintiff was properly interpreted and construed by the trial court to bar Plaintiff's negligence claims under the facts involved in this case."

On August 21, 2003, this court granted the plaintiff's petition for leave to appeal pursuant to Rule 308 (155 Ill.2d R. 308).

ANALYSIS

The plaintiff argues that the exculpatory agreement fails to bar his negligence action against the defendants because a race was not in progress at the time of his injury and his injury resulted from an occurrence unrelated to an "event," a term which is undefined, ambiguous, and thereby construed in his favor. We disagree.

A summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with the affidavits, show that there is no genuine issue on any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005

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Cite This Page — Counsel Stack

Bluebook (online)
813 N.E.2d 279, 351 Ill. App. 3d 326, 286 Ill. Dec. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/platt-v-gateway-intern-motorsports-corp-illappct-2004.