Donald L. Donegan v. Beech Bend Raceway Park, Inc.

BAILEY BROWN, Senior Circuit Judge.

The appellant, Donegan, was injured during a stock car race at a track owned by the appellee, Beech Bend Raceway Park, Inc., when his car slipped on a patch of water and struck a concrete post off the track. He sued on theories of gross, wanton, and willful negligence. The district court in this diversity case granted Beech Bend’s motion for summary judgment, holding that Donegan had effectively released the track from liability prior to the race. Because we find that Donegan waived his right to sue for gross negligence and that the record does not support a…