Reed Armstrong - Fifth District Opinion

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Fifth District Opinion

On August 6, 2004 the Fifth District Appellate Court filed an opinion in the case of Platt vs. Gateway International Motorsports Corporation, et al. #5-03-0472. Reed, Armstrong partner, Michael J. Bedesky, represented Gateway and Championship Auto Racing Teams, Inc. (CART) in obtaining a summary judgment against plaintiff Waddill Platt based upon a release Mr. Platt had signed before his accident at Gateway. The accident occurred when Platt, a member of Marlboro Team Penske, attemped to exit the infield and crossed the racetrack while tow trucks and emergency vehicles were circling the track in an effort to dry it out prior to a time trial. Platt was struck by a tow truck driver and suffered a ruptured disc requiring neck surgery. Plaintiff appealed after summary judgment was entered against him. On appeal, the Appellate Court upheld the release finding that it related to the "event" the ultimate race which was to take place the day following the occurrence. The Appellate Court held that the CART release was clear and unambiguous and barred Plaintiff's claim.

8/6/2004

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