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KELLAR v. LLOYD

No. 92-2418.

180 Wis.2d 162 (1993)

509 N.W.2d 87

Peggy L. KELLAR, Plaintiff-Appellant, v. John B. LLOYD, Sports Car Club of America, Incorporated, Chicago Region Sports Car Club of America, Incorporated, Elkhart Lake's Road America, Inc., Ralt Cars, Ltd., March Engineering, Ltd., Competition Preparation, Inc., Transamerica Insurance Company and Lloyd's Automotive, Inc., Defendants-Respondents, UNUM LIFE INSURANCE COMPANY OF AMERICA and BCI HMO, Inc., Defendants.

Court of Appeals of Wisconsin.

Decided November 3, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Paul J. Clymer and Paul Gagliardi of Gagliardi & Associates of Salem.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Thomas J. Arenz and Pamela M. Schmidt of Frisch Dudek, Ltd., of Milwaukee.

On behalf of the defendant-respondent, Competition Preparation, Inc., the cause was submitted on the brief of John R. Teetaert and Robert N. Duimstra of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd., of Appleton.

Before Anderson, P.J., Brown and Snyder, JJ.

BROWN, J.

Peggy L.Kellar's personal injury action was dismissed by summary judgment based upon a standard form exculpatory contract that she signed before she was injured. She sets forth numerous arguments why the exculpatory contract should not bar her recovery against one or more defendants. We address her arguments separately. However, we primarily hold that the exculpatory contract contemplated Kellar's claims against the defendants and that enforcement of the...

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