Sutton v. Sumner

Andrews, Chief Judge.

Richard Sutton was injured while he was a spectator in the pit area at an automobile race held at Interstate Raceway, a business owned at the time by Ben Sumner. Sutton was hit and injured by a race car being towed by a wrecker in the pit area. He sued Sumner claiming the wrecker driver was Sumner’s employee and that Sumner was vicariously liable for the injury caused by the driver’s negligent operation of the wrecker. Sutton’s wife brought a loss of consortium claim against Sumner based on the injury. In addressing Sumner’s motion for summary judgment, the trial court…