Gross v. Midwest Speedways, Inc.

I dissent for the reasons so ably stated by the late Chief Justice Hallows in his dissent in the first Gross v. Denow case:

“I think this case is a good example of why this court should apply the Powers rule to the apportionment of negligence as it does to damages. ... If this court is capable of determining in this case that the apportionment of causal negligence to the pedestrian, to the automobile driver, and to the owner of the premises was error and to decide that the pedestrian was at least as negligent as the owner of the racetrack, then this court is capable of determining the…