Summary judgment in wrongful death/negligence action from drag racing crash granted in part and denied in part.

Claims against a raceway for injuries resulting in death from burns were dismissed in part and summary judgment was denied in part. Judge Irenas found that the claim regarding release issues remained as there were triable issues of fact. Summary judgment was granted as to the theories of negligence for failure to inspect the race car and for permitting the decedent to race with an expired license, as neither were related to the cause of the accident. However, summary judgment was denied for the negligence claim for failure to provide adequate emergency care because a reasonable fact finder could conclude that the duty of care was breached by: (1) the defendant’s use of EMTs to operate the race time clock and starting lights; (2) the use of an older ambulance whose lights took time to show up; and (3) placing the ambulance at the starting line. Additionally, summary judgment was denied on the survivorship claim, the economic damages under wrongful death claim, and the punitive claim as the court held there was evidence that could support a finding of deliberate disregard of New Jersey safety regulations governing drag strips.

_{Case Law Alerts, 1st Quarter, January 2016}

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