Legal Opinion

Macgregor v. Daytona Int'l Speedway, LLC

District Court of Appeal of Florida

Decided December 21, 2018No. Case No. 5D17-2989Published

1Per curiam

Pamella MacGregor and David MacGregor (Appellants) appeal the final summary judgment entered by the trial court in favor of Daytona International Speedway, LLC (DIS) and International Speedway Corporation (ISC). Appellants raise two points on appeal, both of which have merit. First, they argue the trial court erred in determining that the release Pamella signed applied to gross negligence. Next, they contend a genuine issue of material fact exists as to whether DIS's and ISC's employee was grossly negligent and therefore, entry of summary judgment on this issue was error. We agree and reverse.

2Cases cited14 opinions

  1. Cormier v. WilliamsSupreme Court of Florida · 1941
  2. Theis v. J & J RACING PROMOTIONSDistrict Court of Appeal of Florida · 1990
  3. Courtney v. Florida Transformer, Inc.District Court of Appeal of Florida · 1989
  4. Hodges v. HelmSupreme Court of Florida · 1969
  5. Kitchen v. KitchenDistrict Court of Appeal of Florida · 1981

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