Diamond v. Schweitzer (Mar. 24, 2025, F086150) ___Cal.App.5th___ (2025 WL 893555)
Plaintiff suffered from injuries inflicted by a third party during an altercation in the pit area of an auto race track. Plaintiff alleged defendants were negligent in failing to provide reasonable security, failing to adequately respond to the altercation, and failing to undertake reasonable rescue efforts. Defendants moved for summary judgment, arguing plaintiff’s negligence claims were barred by the release and waiver of liability form he signed to gain admission to the pit area. The trial court granted defendant’s motion for summary judgment.
Plaintiff appealed and argued the release is not enforceable because punching another person, the act of negligence that caused the injury, was not reasonably related to observing the race, the purpose for which he signed the release. The Court of Appeal affirmed the grant of summary judgment. The court stated the release need not specify “every possible act of negligence” nor is it relevant “whether the particular risk of injury is inherent in the recreational activity to which the release applies, but rather [what is most relevant is] the scope of the release.” Here, the release was given to obtain entry to the venue, including the pit area. All participants in the altercation were in the pit area for the purpose of attending the race. The Court of Appeal agreed with the trial court that “altercations about a sporting event are reasonably related to the purpose and object of a release that exchanges a release of liability for entry to the racing event.”
