Robillard v. P & R RACETRACKS, INC.

405 So. 2d 1203, 1981 La. App. LEXIS 5226
CourtLouisiana Court of Appeal
DecidedOctober 12, 1981
Docket14332
StatusPublished
Cited by10 cases

This text of 405 So. 2d 1203 (Robillard v. P & R RACETRACKS, INC.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robillard v. P & R RACETRACKS, INC., 405 So. 2d 1203, 1981 La. App. LEXIS 5226 (La. Ct. App. 1981).

Opinion

405 So.2d 1203 (1981)

Clyde J. ROBILLARD
v.
P & R RACETRACKS, INC., et al.

No. 14332.

Court of Appeal of Louisiana, First Circuit.

October 12, 1981.
Rehearing Denied November 23, 1981.

*1204 Walton J. Barnes, Joseph P. Macaluso, Jr., Baton Rouge, for plaintiff-appellant.

John I. Moore, Frederick R. Tulley, Baton Rouge, for defendants-appellees.

Before COVINGTON, COLE and WATKINS, JJ.

COVINGTON, Judge.

This suit seeks recovery for damages for personal injuries sustained by plaintiff, Clyde J. Robillard, while engaged in a time trial run of his 1964 Plymouth automobile (referred to by drag racers as a "Super B automatic") on March 7, 1977, at State Capitol Dragway on U.S. Highway 190 near Erwinville, in West Baton Rouge Parish, Louisiana. After trial by jury, verdict was returned by the jury in favor of all defendants, with the trial judge signing a judgment in accordance therewith.[1] Plaintiff's motion for new trial was denied, and the plaintiff has appealed.

*1205 The suit arises out of an accident at the dragway when Robillard, during a time trial run of his stock car, collided with a disabled racing car parked off the racing strip past the finish line. The disabled vehicle, a 1969 Chevrolet Camaro, was being attended to by Patrick Wayne Collins (its driver), Lawrence Thibodeaux and Rodney Harleaux, when it was struck by the Robillard car. Suit was originally brought by Collins, Thibodeaux and the widow of Harleaux against P & R Racetracks, Inc. d/b/a State Capitol Dragway, several of its employees, and Clyde J. Robillard for personal injuries to Collins and Thibodeaux and fatal injuries to Harleaux. Robillard in turn filed suit against the race track, its employees, its insurer, the National Hot Rod Association (NHRA), Collins and David Haynes, the alleged driver of the competing racer.

Prior to trial, the claims of Collins, Thibodeaux and Harleaux were settled, and their suit was dismissed as to all defendants, including Robillard. Robillard's suit came on for trial before a jury on March 24 through 31, 1980. At the close of Robillard's case, a directed verdict was granted in favor of NHRA and several individual defendants, leaving as defendants the track operator, its liability insurer, the owner of the drag strip, two major stockholders of the owner and operator of the track, several individual track employees, and the alleged driver of the competing vehicle. On March 31, 1980, the case was submitted to the jury, which found for all defendants and against Robillard. In jury interrogatories, the jury found none of the defendants negligent, found the plaintiff negligent, found plaintiff had assumed the risk, and found that plaintiff had executed a release and hold harmless agreement with the race track, relieving it and its employees of any liability. After plaintiff's motion for new trial was denied, he perfected this appeal. We affirm.

As stated, the accident occurred during a time trial run at the State Capitol Dragway, and involved the Plymouth automobile being driven by Robillard and Collins' disabled Camaro automobile, which was parked off the racing surface about 300 feet past the finish line of the drag strip. Collins had developed mechanical problems during his run in the right-hand lane of the drag strip and had to coast down the strip past the finish line to get off to the right of the strip. The attendants of Collins' car thought it had "blown" an engine and that there might be oil or debris on the racing surface, so they informed a race track employee of the situation, who in turn advised Norman Pearah, co-owner of the track. Pearah then drove down the drag strip, inspecting the racing surface for any oil or debris, but found none.

After the inspection of the strip, Pearah talked with Robillard, who was getting ready to run his time trial, about the track's condition and the location of the disabled Camaro, off the track. Testimony by other eyewitnesses corroborated that the Camaro was parked off the racing surface.

Not only was Robillard thus informed of the location of the disabled car, but, before making his run, he could see the car off the track. He testified:

"I saw the white Camaro that had broken down past the finish line approximately three, four, or five hundred feet, whatever, and he was pulled off of the track into the grassy area and the left rear wheel was partly on the old surface of the track, not the new surface."

The plaintiff failed at the trial court level to convince the jury that any of the defendants were negligent. We find that the jury findings and verdict were based on substantial evidence from the testimony of numerous witnesses at the trial.

First, after Collins made his run in the Camaro and developed mechanical problems, Pearah, a co-worker, made a visual inspection of the drag strip by driving down the track to a point past the finish line to check for oil or debris. Finding that the Camaro was off the track several hundred feet past the finish line and that there was no oil or debris on the track surface, the time trials were resumed. It is not regarded, in drag racing, as unreasonably dangerous or unsafe to allow a car to engage in a *1206 time trial run, even though a disabled car may be off to the side near the track and beyond the finish line. The evidence established that the accident was not caused by oil or debris on the track, or that the track facilities caused or contributed to the accident.

The primary contention of the plaintiff was that the accident occurred when he was forced to take evasive action to avoid colliding with a green car racing in the left hand lane, which, according to Robillard, swerved in front of him as he was making his time trial run. Plaintiff stated that this green car was of a different class from his much faster racing car, which he claimed to have been a factor in causing the accident.

Contrary to the assertion of plaintiff, the substantial weight of the evidence established that there was no other car racing in the left lane at the time of Robillard's run, and that Robillard was alone on the track at the time of the accident. Haynes (the alleged driver of the green car) was not racing due to car trouble; and, in fact, he was in the bleacher stands at the time of the accident and actually witnessed the Robillard time trial run and accident. Of the other witnesses who testified at the trial, six of them (most of whom were called to the stand by Robillard), testified that there was no other car on the drag strip in the left lane when Robillard made his run. There is amply evidence to establish that Robillard was racing alone when he lost control of his vehicle, and that the "green car" was a "phantom car."

In any event, the assumption of risk doctrine is dispositive of the instant case. In his charge to the jury, the trial judge instructed the jury that the defendants had the burden of proving that plaintiff had assumed the risk of harm that happened to him; that in order to conclude that plaintiff had assumed the risk, the jury had to find that plaintiff fully understood the danger which was involved and that plaintiff then voluntarily exposed himself to the danger or risk of harm. This instruction tracks the language of 2 Louisiana Jury Instructions, Civil, 67 (1980), which cited Langlois v. Allied Chemical Corporation, 258 La. 1067, 249 So.2d 133 (1971). See Symposium: Assumption of Risk, 22 La.L.Rev. 1 (1961).

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Bluebook (online)
405 So. 2d 1203, 1981 La. App. LEXIS 5226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robillard-v-p-r-racetracks-inc-lactapp-1981.