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KENNEDY v. SPEEDWAY MOTORSPORTS INC.

Nos. COA05-1369, COA05-1370, COA05-1371, COA05-1372.

631 S.E.2d 212 (2006)

Joel KENNEDY, Plaintiff-Appellant, v. SPEEDWAY MOTORSPORTS INC., Charlotte Motor Speedway, Inc., doing business as Lowe's Motor Speedway or Lowe's Home Improvement Warehouse Motor Speedway, and Charlotte Motor Speedway, LLC., Defendants-Appellees. David and Denise Prosser, Plaintiffs-Appellants, v. Speedway Motorsports Inc., Charlotte Motor Speedway, Inc., doing business as Lowe's Motor Speedway or Lowe's Home Improvement Warehouse Motor Speedway, and Charlotte Motor Speedway, LLC., Defendants-Appellees. Mark Nash, Plaintiff-Appellant, v. Speedway Motorsports Inc., Charlotte Motor Speedway, Inc., doing business as Lowe's Motor Speedway or Lowe's Home Improvement Warehouse Motor Speedway, and Charlotte Motor Speedway, LLC., Defendants-Appellees. Jerry Stephens, Plaintiff-Appellant, v. Speedway Motorsports Inc., Charlotte Motor Speedway, Inc., doing business as Lowe's Motor Speedway or Lowe's Home Improvement Warehouse Motor Speedway, and Charlotte Motor Speedway, LLC., Defendants-Appellees.

Court of Appeals of North Carolina.

July 5, 2006.

Attorney(s) appearing for the Case

Wilson & Iseman, LLP, by G. Gray Wilson, Kevin B. Cartledge and C. Shawn Christenbury, Winston-Salem, for plaintiffs-appellants.

Parker, Poe, Adams & Bernstein, L.L.P., by David N. Allen and Lori R. Keeton, Charlotte, for defendants-appellees.

McGEE, Judge.

A portion of a pedestrian walkway (walkway) at Lowe's Motor Speedway collapsed on 20 May 2000. As a result of the walkway collapse, approximately one hundred people filed suit against, inter alios, Speedway Motor Sports, Inc., Charlotte Motor Speedway, Inc., and Charlotte Motor Speedway, LLC (collectively the Speedway), and against Tindall Corporation (Tindall...

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