Michael James Rocke and Barbara Rocke v. Canadian Automobile Sport Club, Club Autosport Mauricien, Sports Car Club of America

Caution
660 F.2d 395·1981 U.S. App. LEXIS 16612
United States Court of Appeals for the Ninth CircuitOctober 26, 198180-4069California2,143 words

Opinion

Opinion

Anderson, J.

I. BACKGROUND

On September 3, 1978, the auto racing career of Michael James Rocke came to an all too familiar end. While Rocke was competing in a Formula Atlantic road race on the streets of the City of Three Rivers, Quebec, Canada, his car skidded on the slippery racing surface and went out of control. The car then struck a guard rail which, according to Rocke, failed to perform its intended function of safely arresting the car’s motion. Instead, the guard rail was lifted into the air by the force of the impact, and then fell downward with a guillotine-like stroke which sliced off the front of Rocke’s car. Rocke suffered extensive, painful, and disabling injuries in the accident, including a severed right foot.

The Formula Atlantic series in which Rocke was competing at the time of the accident is an important training ground for aspiring young North American road racing drivers who seek to break the traditional European dominance of the sport. Several Formula Atlantic races are staged each year throughout Canada and the Continental United States. The Canadian races are sanctioned by the Canadian Automobile Sport Club (CASC), while the Sports Car Club of America (SCCA)…

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