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HUBER v. HOVEY

No. 91-2000.

501 N.W.2d 53 (1993)

Dale HUBER and Karen Huber, Appellants, v. Dennis HOVEY; Nordic Speedway, Inc.; Winneshiek County, Iowa, Fair Board; Winneshiek County, Iowa, Agricultural Association; and K & K Insurance Group, Inc., Appellees.

Supreme Court of Iowa.

As Revised June 25, 1993.

Rehearing Denied June 16, 1993.

Attorney(s) appearing for the Case

Bruce L. Walker and John E. Beasley of Phelan, Tucker, Boyle, Mullen, Bright & Walker, Iowa City, for appellants.

Marion L. Beatty of Miller, Pearson, Gloe, Burns, Beatty & Cowie, P.C., Decorah, for appellee Dennis Hovey.

Brendan T. Quann and Stephen C. Krumpe of O'Connor & Thomas, P.C., Dubuque, for appellees Nordic Speedway, Inc., Winneshiek County, Iowa, Fair Bd., and Winneshiek County, Iowa, Agricultural Ass'n.

Leo A. McCarthy and C.J. May III of Reynolds & Kenline, Dubuque, for appellee K & K Ins. Group, Inc.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and NEUMAN, JJ.

NEUMAN, Justice.

This case stems from an accident at the Winneshiek County Fairground racetrack, when a car's detached wheel struck and injured plaintiff Dale Huber. The district court granted all defendants summary judgment based on a release Dale signed. We affirm in part, reverse in part, and remand for further proceedings.

The record viewed in the light most favorable to the Hubers reveals the following facts. On September 2, 1989, Dale went to the racetrack...

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