Lee v. Beauchene

This is an appeal from an order granting appellee Cecil Beauehene’s motion for summary judgment and dismissing appellant Lloyd A. Lee’s complaint with prejudice. We affirm.

Appellee owns the Interstate Speedway, a dirt race track near Jefferson, South Dakota. On May 27, 1979, appellant, who had previously raced on the track, paid the entrance fee for a stock car race. Before entering the infield or racing he signed a “Voluntary Release-Assumption of Risk and Indemnity Agreement” which provided,

Each undersigned person requests and is granted permission (1) to enter the RESTRICTED AREA, (2) to…