OWEN v. R.J.S. SAFETY EQUIP.


169 A.D.2d 150 (1991)

Carol A. Owen, Individually and as Administratrix of The Estate of John Owen, Deceased, Plaintiff, v. R.J.S. Safety Equipment, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Orange County Fair Speedway, Inc., et al., Third-Party Defendants-Appellants. (Action No. 1.) Carol A. Owen, Individually and as Administratrix of The Estate of John Owen, Deceased, Respondent, v. Orange County Fair Speedway, Inc., et al., Appellants. (And a Third-Party Action.) (Action No. 2.)

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

July 11, 1991


Attorney(s) appearing for the Case

Weisfuse & Weisfuse (Martin H. Weisfuse of counsel), for Orange County Fair Speedway, Inc.

Finkelstein, Levine, Gittlesohn & Tetenbaum (George A. Kohl II and Duncan W. Clark of counsel), for Carol A. Owen.

Drake, Sommers, Loeb, Tarshis & Catania, P. C. (Stephen Gaba and Joseph A. Catania, Jr., of counsel), for R.J.S. Safety Equipment, Inc.

MAHONEY, P. J., and WEISS, J., concur with CASEY J.; LEVINE and MERCURE, JJ., dissent in an opinion by LEVINE, J.


CASEY, J.

Plaintiff seeks to recover damages arising out of the death of her husband, which occurred when the race car he was driving went out of control and struck the perimeter wall of the racetrack at the Orange County Fair Speedway, where decedent had participated in races for a number of years. Included among the defendants sued by plaintiff are the owner and operator of the racetrack and the sponsor of...

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