(DOWNLOAD) "Schlessman v. Henson" by Supreme Court of Illinois " eBook PDF Kindle ePub Free
eBook details
- Title: Schlessman v. Henson
- Author : Supreme Court of Illinois
- Release Date : January 01, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiff, Elmer E. Schlessman III, brought this personal injury action in the circuit court of Champaign County, charging defendant, Max Henson, doing business as Champaign Motor Speedway, with negligence in design and operation of his racetrack. The circuit court granted summary judgment for defendant because plaintiff had signed an agreement exculpating defendant from liability. A majority of the appellate court affirmed (80 Ill. App.3d 1139), and we granted leave to appeal. Plaintiff raises issues generally concerning whether the occurrence in question presents factual questions about the exculpatory agreement which preclude a summary judgment procedure and whether the agreement was an adhesion contract that should not be enforced. On June 4, 1976, plaintiff, who was a participant in numerous amateur stock-car races, was auto racing on defendant's racetrack when a portion of the upper track embankment collapsed, causing plaintiff's car to crash. Prior to using the racetrack, plaintiff had signed a document captioned Waiver and Release from Liability and Indemnity Agreement. In general, the terms of the agreement provided, inter alia, that, in consideration for use of the racing surface, plaintiff would not hold defendant liable for any injuries plaintiff sustained as a result of defendant's negligence or otherwise while plaintiff was using the racing surface. The relevant portion of the agreement reads as follows:
 "Schlessman v. Henson" by Supreme Court of Illinois " eBook PDF Kindle ePub Free){kind=link}