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DONEGAN v. BEECH BEND RACEWAY PARK, INC.

No. 89-5527.

894 F.2d 205 (1990)

Donald L. DONEGAN, Plaintiff-Appellant, v. BEECH BEND RACEWAY PARK, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1990.

Attorney(s) appearing for the Case

Scott C. Marks (argued), Bowling Green, Ky., for plaintiff-appellant.

John David Cole and Elizabeth Y. Downing, Cole, Broderick, Minton, Moore & Thornton, Bowling Green, Ky., for defendant-appellee.

Before KEITH and KENNEDY, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

The appellant, Donegan, was injured during a stock car race at a track owned by the appellee, Beech Bend Raceway Park, Inc., when his car slipped on a patch of water and struck a concrete post off the track. He sued on theories of gross, wanton, and willful negligence. The district court in this diversity case granted Beech Bend's motion for summary judgment, holding that Donegan had effectively released the track from liability...

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