This section contains the nature of the case and procedural background.

P owned a Stanton sprint car and wished to race it at D. P desired to enter the infield portion of the Speedway in order to aid in preparing for the race. P was presented with and signed a document entitled 'Release and Waiver of Liability and Indemnity Agreement.' All those who entered the infield were required to sign this form. P, who has a second or third-grade reading ability, signed the document without reading it, as he had done many times before. During this process of starting his car, P was struck by his own car and injured. P sued D for negligence. The district court granted D's motion for summary judgment, holding that the release exculpated D from any liability that they may have incurred as a consequence of their alleged negligence. P appealed. P argues that the release constituted a contract of adhesion and was unenforceable because at the time he signed the release P could not have expected that the document would grant D unlimited exculpation from liability.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.