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PHELPS v. FIREBIRD RACEWAY, INC.

No. 1 CA-CV 03-0404.

83 P.3d 1090 (2004)

207 Ariz. 149

Charles PHELPS, an Arizona resident, Plaintiff-Appellant, v. FIREBIRD RACEWAY, INC., an Arizona corporation aka and/or dba Firebird International Raceway, a corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department E.

January 29, 2004.

Attorney(s) appearing for the Case

Skousen, Skousen, Gulbrandsen & Patience, P.C. By David L. Abney, Mesa, Attorneys for Plaintiff-Appellant.

Jennings, Strouss & Salmon, P.L.C. By Jay A. Fradkin and John J. Egbert, Phoenix, Attorneys for Defendant-Appellee.

OPINION

EHRLICH, Judge.

¶ 1 Charles Phelps appeals from a summary judgment in favor of Firebird Raceway, Inc. ("Firebird"). The trial court ruled that, in the absence of any material fact, Phelps' claim of negligence on the part of Firebird personnel was barred by the release and waiver agreements that he signed before he entered a Firebird race. For reasons discussed below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶...

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