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HOLZER v. DAKOTA SPEEDWAY, INC.

No. 21065.

610 N.W.2d 787 (2000)

2000 SD 65

Paul J. HOLZER and Marjorie J. Walters, Co-Guardians of the Person and Estate of Vernon Walter Holzer, Plaintiffs and Appellants, v. DAKOTA SPEEDWAY, INC., a South Dakota Corporation, and K & K Insurance Group, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 17, 2000.

Attorney(s) appearing for the Case

David R. Gienapp and William H. Dietrich of Arneson, Issenhuth & Gienapp, Madison, South Dakota, Attorneys for plaintiffs and appellants.

Harlan A. Schmidt, Spearfish, South Dakota, Attorney for plaintiffs and appellants.

David J. Vickers and James E. McMahon of Boyce, Murphy, McDowell and Greenfield, Sioux Falls, South Dakota, Attorneys for appellee Dakota Speedway.

Thomas M. Frankman and Dana M. Van Beek of Davenport, Evans, Hurwitz and Smith, Sioux Falls, South Dakota, Attorneys for appellee K & K Insurance.

GILBERTSON, Justice

[¶ 1.] This case arose from a personal injury accident at the Lake County Speedway, when a race car's wheel detached, struck and injured Vernon Holzer1 (Holzer). The circuit court granted both defendants, Dakota Speedway, Inc.2 (Speedway) and K & K Insurance Group, Inc. (K & K) summary judgment based on a pre-accident release signed by Holzer. We affirm.

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