Nature of the Case
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Facts
P owned a Stanton sprint car and wished to race it at D. P desired to enter the infield portion of the Speedway in order to aid in preparing for the race. P was presented with and signed a document entitled 'Release and Waiver of Liability and Indemnity Agreement.' All those who entered the infield were required to sign this form. P, who has a second or third-grade reading ability, signed the document without reading it, as he had done many times before. During this process of starting his car, P was struck by his own car and injured. P sued D for negligence. The district court granted D's motion for summary judgment, holding that the release exculpated D from any liability that they may have incurred as a consequence of their alleged negligence. P appealed. P argues that the release constituted a contract of adhesion and was unenforceable because at the time he signed the release P could not have expected that the document would grant D unlimited exculpation from liability.
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