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SMITH v. GOLDEN TRIANGLE RACEWAY

No. 09-85-200 CV.

708 S.W.2d 574 (1986)

Jerry W. SMITH, Appellant, v. GOLDEN TRIANGLE RACEWAY, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied May 7, 1986.

Attorney(s) appearing for the Case

Michael McGown, Weller, Wheelus & Green, Beaumont, for appellant.

Thomas Walston, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, for appellee.

OPINION

BURGESS, Justice.

Jerry Smith was injured while in the "pit area" of Golden Triangle Raceway. He filed suit alleging both negligence and gross negligence. Golden Triangle Raceway filed a motion for summary judgment based upon a release signed by Mr. Smith. The motion was granted.

Mr. Smith's affidavit filed in response to the motion for summary judgment, in relevant portion, stated:

"4. I viewed the race from the infield area located...

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