2010AP581 Beer, et al. v. La Crosse County Agricultural Society, et al.

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Torts
Release of liability; public policy

Charles Beer and Darin Toot appeal an order of summary judgment in favor of La Crosse County Agricultural Society, MotorSports Management Services, Inc., Virginia Surety Company, Inc., and ACE American Insurance Company (collectively The Speedway). The circuit court held that a “Release And Waiver of Liability” form (the “Speedway Release”) signed by both Beer and Toot was a valid exculpatory contract which released The Speedway from liability for injuries sustained by both men. Beer and Toot contend that The Speedway was not entitled to summary judgment because the Speedway Release is void as against public policy. We disagree and affirm. Not recommended for publication in the official reports.

2010AP581 Beer, et al. v. La Crosse County Agricultural Society, et al.

Dist IV, La Crosse County, Pasell, J., Sherman, J.

Attorneys: For Appellant: Dahlberg, Paul R., Rochester, MN; Nemo, Anthony J.,. Minneapolis, MN; For Respondent: Wright, Joseph P., Madison; Rogge, Stephan A., La Crosse; Aquino, Thomas Brady, Madison

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