Representative Cases

Case Summary -- Shawna Barber Kane v. Woodbridge Karters, Inc., et al.

The Firm obtained summary judgment in favor of the organizer of a karting race in West Virginia which, unfortunately resulted in severe injuries. Plaintiff, a first time kart racer, entered a race with her boyfriend at the Summit Point Racetrack at Summit Point, West Virginia. Plaintiff had very long, almost waist-long hair, which, prior to racing, she tucked underneath her helmet. Plaintiff was using an enduro racing kart owned by her boyfriend which, while Plaintiff was in a racing position, positioned her head about one inch from the engine, and about six inches for the rear axle. During the course of the race, Plaintiff’s hair worked its way out from underneath the helmet, wrapped around the rear axle, and Plaintiff’s scalp was torn from her head. Plaintiff sued the manufacturer of the racing kart, the seller of the racing kart and the organizer of the karting racing. Originally, Plaintiff’s claim against the race organizer was dismissed on summary judgment based on a release signed by Plaintiff prior to entering the race track. The Court of Special Appeals reversed the lower court’s decision, ruling that a genuine dispute of material fact existed concerning whether or not the Release governed the incident, as an anticipatory release in West Virginia releases only those risks ordinarily associated with the motor sport of karting. Plaintiff’s safety expert was deposed and testified during his deposition that the risk of hair or loose clothing becoming entangled around the rear axle of an enduro racing kart was a risk ordinarily associated with the motor sport of karting. Plaintiff settled her claim against race organizer shortly thereafter.