National & International Brotherhood of Street Racers, Inc. v. Superior Court

In a personal injury action, two defendants, by separate petitions for writ of mandate, seek to compel the trial court to grant their motions for summary judgment on the basis of a release signed by the plaintiff before his injury.

Plaintiff is a professional automobile and race car mechanic and an experienced race car driver. On January 15, 1984, he competed in an automobile drag race at a track on Terminal Island. His car, a top-fuel dragster, was capable, in his words, of “unlimited” speed. With plaintiff at the wheel, the car left the starting line in reverse gear and crashed into shipping containers. Plaintiff was removed from the car and taken by ambulance to a hospital. He suffered crippling injuries.

Plaintiff sued the race organizer, the landowner, the ambulance company, the hospital, a hospital physician, and the owner of the shipping containers. The present petitions, however, concern only the claims against the race organizer (petitioner National and International Brotherhood of Street Racers, Inc.) and the landowner (petitioner City of Los Angeles).

In connection with competing in the race, the contestants, including plaintiff, signed a printed release.…