Smith v. Russell

This is an action brought by plaintiff-appellant for damages for personal injuries, allegedly the proximate result of defendant-appellee’s negligence. The appellee was standing on the Whiteland Raceway Go-Kart Track near Whiteland, Johnson County, Indiana, when a go-kart being operated by appellant collided with appellee, severely injuring appellant. Appellant, a 14 year old boy, was driving the go-kart at a speed of approximately 15 to 18 miles per hour. No other go-karts were on the track at this time. The appellant came out of a turn and into a straightaway. As he did so, he was looking…