ELSTON v. FCO AUTO RACING, INC.


161 A.D.2d 561 (1990)

Arthur Elston et al., Appellants, v. FCO Auto Racing, Inc., Defendant, and Orange County Agricultural Society, Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 7, 1990


Ordered that the judgment is reversed insofar as appealed from, on the law, and a new trial is granted as against the defendant Orange County Agricultural Society, Inc., with costs to abide the event.

While the plaintiff Arthur Elston was working as a security guard at a stock car racetrack, he was struck by flying debris when a race car which got "tangled up" with another car hit a telephone pole near where he was standing guard. The plaintiff commenced this action...

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