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Brotherhood got sued and wins changing history

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ethelkilledfred
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« on: December 26, 2010, 03:11:17 am »

Brotherhood got sued. The lawsuit made history and change racing. NHRA, NACAR, IHRA, SCCA, IRL  and SEMA to name a few were their. Case was thrown out of court due to a waiver sign that stated you were entering a life threatening environment. The waiver held up in the courts and is used by every sanction race body everywhere today.
 


Brotherhood Raceway gets sued and wins making history from SD Permit for Race Legal
http://clerkdoc.sannet.gov/RightSite/getcontent/local.pdf?DMW_OBJECTID=090014518005490b

http://docs.sandiego.gov/cityattorn...ts/rc-98-19.pdf

REPORT TO THE COMMITTEE ON PUBLIC
SAFETY AND NEIGHBORHOOD SERVICES
PROPOSAL TO PERMIT A PRIVATE SPONSOR TO CONDUCT CAR RACING EVENTS
ON A CITY STREET, WITH THE SUPPORT OF THE SAN DIEGO POLICE
DEPARTMENT

II. How Can the City Protect Itself from Liability For Injuries Sustained By Race Participants
and Spectators Who Are on City Property During the Event?

A. Participants
A well-crafted, unambiguous, and explicitly clear waiver of liability signed by racers,
course officials, and volunteers should suffice to protect the City from actions arising from injuries
and deaths occurring on city property during the event. Just as parental consent is necessary to
allow participation of minor racers and course volunteers, parental consent is necessary for the
liability waiver.
California courts routinely have upheld liability waivers signed by participants in
hazardous recreational activities, such as competitive car, motorcycle, and bicycle racing,
parachuting, scuba diving, and white water rafting. "To be effective, a release need not achieve
perfection. . . . It suffices that a release is clear, unambiguous and explicit, and that it expresses an
agreement not to hold the released party liable for negligence." National and International
Brotherhood of Street Racers, Inc. v. The Superior Court of Los Angeles County
, 215 Cal.
App.3d 934, 939 (1989). In that case, the plaintiff, an experienced race car driver, sued the race
organizer and the City of Los Angeles for crippling injuries he suffered when his dragster sped
away from the starting line in reverse, crashing into shipping containers. The plaintiff alleged that
his injuries were aggravated by the manner in which he was extricated from his wrecked car.
Before competing, the plaintiff signed a printed release assuming the risks inherent in car racing
and discharging the race sponsors and property owners from "any and all claims and liability
Committee Report on Code 4 Racing -5- September 30, 1998
arising out of ordinary negligence of the releasees or any other participant which causes the
undersigned injury, death, or property damage." 215 Cal.App.3d at 937. The court found that
the release was unlimited in scope and that the plaintiff's blanket release of responsibility on the
part of the race organizer and the city landowner was all-encompassing. Id. at 937.
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