ROCKE v. CANADIAN AUTO. SPORT CLUB

No. 80-4069.

660 F.2d 395 (1981)

Michael James ROCKE and Barbara Rocke, Plaintiffs-Appellants, v. CANADIAN AUTOMOBILE SPORT CLUB, Club Autosport Mauricien, Sports Car Club of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1981.


Attorney(s) appearing for the Case

Michael B. Moore, Cartwright, Sucherman, Slobodin & Fowler, Inc., San Francisco, Cal., for plaintiffs-appellants.

Richard Melbye, Owen, Melbye & Rohlff, Redwood City, Cal., argued, for defendants-appellees; Timothy C. Davis, Yale W. Rohlff, Redwood City, Cal., on the brief.

Before DUNIWAY, ANDERSON and REINHARDT, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

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...

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