Michalovic v. Genesee-Monroe Racing Ass'n

OPINION OF THE COURT

Moule, J.

The question presented on this appeal is whether section 9-103 of the General Obligations Law provides defendant with a defense to liability as a matter of law.

On August 7, 1977, 14-year-old Joseph Michalovic was *83riding a motorbike in the parking lot of the Batavia Downs Race Track (Batavia Downs). The race track was closed and the parking lot was vacant. While driving in large loops, at approximately 25 to 30 miles per hour, the motorbike suddenly stopped short and Michalovic was catapulted forward. He died of strangulation caused by a crushing injury to his…