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

Winterstein (P) entered a drag race sponsored by Wilcom (D). P signed an agreement that he would assume all risks of injury for his participation in that race. The agreement was drafted by the defendant. P was seriously injured when he hit a 36' cylinder head that D's employees negligently failed to remove from the racetrack. P sued D. P argued that the release was against public policy. P's action was dismissed. P appealed.

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