Phelps v. Firebird Raceway, Inc.

*404OPINION

RYAN, Justice.

¶ 1 This case requires us to determine whether Article 18, Section 5 of the Arizona Constitution, which provides that the defense “of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury,” applies to an express contractual assumption of risk. We hold that it does.

I

¶ 2 Charles Phelps was a professional race-car driver who had participated in more than 100 races at Firebird Raceway, Inc. Before participating in a Firebird race, drivers must sign a “Release and Covenant Not to Sue” (“Release”) and a “Release…