Emerick v. Fox Raceway

VALASEK, J.,

— This case arises as a result of injuries the then-minor plaintiff, Frank Emericlc, suffered in a motocross accident April 16, 2000, at Fox Raceway. Minor plaintiff filed a complaint in negligence against Fox Raceway and its owners by and through his mother, Katherine Emericlc. The mother also made a claim for damages in her own right. Defendants have filed a motion for summary judgment, arguing that they *301had no duty to minor plaintiff, that he is barred from recovery under the doctrine of assumption of risk, and that the mother cannot maintain her claim for loss of consortium.…