*Legal B.S. Removed
Francis V. Cervoni died as a result of injuries sustained at a stock car racing event held on August 28, l982, at Islip Speedway, a facility then being operated by Suffolk Motordome, Inc.
During a "figure-eight" race sanctioned by the National Association for Stock Car Auto Racing, Inc. (NASCAR), while working in the pit area on the infield of the track, attempting to fix a disabled vehicle, Cervoni was struck by a race car owned by Car Care Center, Inc., and driven by Robert Krollage who lost control of his vehicle. Cervoni subsequently died from his injuries.
In April l982 Cervoni signed an application for NASCAR membership and license as a mechanic and paid a $55 license fee. As required by the NASCAR rules, he also applied for registration in the Benefit Plan of the Competitor Liaison Bureau of NASCAR, agreed to abide by all NASCAR rules and decisions and designated his mother as his death beneficiary under the plan. The agreement signed by Cervoni provided that the limit of liability for any "accidental injuries (including death), which are the result of external and violent means sustained in NASCAR sanctioned events.
On the day of the race, just prior to entering the Islip Speedway where he was to serve as a mechanic with the pit crew for a stock car entered in a NASCAR sanctioned race, Cervoni signed a document on which the words: "This is a Release of Liability" were printed in various places. This document was signed by a list of persons including Cervoni, who acknowledged that they had "inspected the track premises," that they "knew the risks and dangers inherent in entering the premises and participating in, observing the qualifying, and practicing for motor racing events and realize that conditions may become more hazardous while each of us are in the premises . . . that each enters the premises voluntarily and assumes every risk of loss, damage or injury including death...."
Cervoni assumed the risks attendant upon being present in the infield pit area of the raceway.
$l7,500 was paid to Cervoni mother.
