Phelps v. Firebird Raceway, Inc.

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

¶ 2 Phelps was a professional race-car driver who had driven more than 100 races at Firebird from 1987 to 2001. Before participating in a Firebird race, a driver must sign a…