LAFRENZ V. LAKE COUNTY FAIR BOARD 360 N.E.2d 605 (1977) CASE BRIEF

LAFRENZ V. LAKE COUNTY FAIR BOARD

360 N.E.2d 605 (1977)

NATURE OF THE CASE: LaFrenz (P), husband, sued Fair (D) after an automobile participating in a demolition derby jumped a barrier and killed his wife. She was standing in the pit area and before entering the pit area, she executed a release of liability agreement. D moved for summary judgment based on the release and it was granted. P appealed.

FACTS: On August 19, 1972, Linda was fatally injured when an automobile participating in a demolition derby jumped a barrier striking her. Linda was in the pit area and had signed a waiver to be there. Linda executed a document entitled, 'WAIVER AND RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT' which stated that in consideration of being permitted in the 'RESTRICTED AREA' she agreed to release the appellees '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 to the Undersigned, whether caused by the negligence of Releasees or otherwise while the Undersigned is upon the Restricted Area.' The agreement also contained a provision in which Linda agreed to indemnify and hold the Releasees harmless for 'any loss, liability, damage or cost they may incur due to the presence of the Undersigned in or about the Restricted Area and whether caused by the negligence of the Releasees or otherwise.' P sued to recover damages from various defendants one of which was D. D moved for summary judgment based on the release. The trial court agreed. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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