01-0743 Niese v. Skip Barber Racing School Inc., et al.

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Jill K. Niese, individually, and as the parent and next friend of Samantha L. Niese and Alyssa K. Niese, minors, and Jill K. Niese, as independent executor for the estate of Randall L. Niese, deceased (collectively, “Jill”) appeals from a judgment dismissing her wrongful death/survival complaint against Skip Barber Racing School, Inc., Elkhart Lake’s Road America, Inc. and TIG Insurance Group (“Skip Barber and Road America”), Chicago Region Sports Car Club of America, Inc. and Sports Car Club of America, Inc.

Jill alleged that Skip Barber and Road America were negligent in the manner in which they carried out the duties and responsibilities of sponsoring and conducting an Aug. 12, 1995 racing event at Elkhart Lake’s Road America; and that Skip Barber and Road America were guilty of negligence and reckless disregard for the safety of Randall in the manner in which they carried out their duties and responsibilities of preparing and maintaining safe conditions for the racing event held on Aug. 11, 1995, through Aug. 13, 1995. The trial court’s dismissal was based on several grounds: that an exculpatory agreement signed by Jill’s husband Randall was valid and enforceable and barred Jill’s claim; that the exculpatory agreement signed by Randall did not release Jill’s consortium rights but since Randall’s death was immediate, Jill had no loss of consortium claim; that, as to the exculpatory agreement signed by Jill, it did not release her wrongful death claim against Skip Barber and Road America; however, the agreement signed by Randall did bar her wrongful death claim. The court also held that there were no genuine issues of material fact that would entitle Jill to a trial on whether Skip Barber and Road America’s conduct was reckless.

We agree with the trial court that the exculpatory contract signed by Randall is valid and thus bars Jill’s negligence claims.

However, we reverse the trial court’s conclusion that there were no genuine issues of material fact on the issue of whether Skip Barber and Road America acted recklessly.

Not recommended for publication in the official reports.

Dist II, Sheboygan County, Langhoff, J., Anderson, J.

Attorneys:

For Appellant: R. Steven Polachek, Barrington, Ill.; Paul R. O’Malley, Chicago, Ill.; John R. Hoaglund Jr., Pewaukee

For Respondent: Pamela M. Schmidt, Milwaukee