Wolfgang v. Mid-America Motor Sports

111 F.3d 1515 (1997)

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Wolfgang v. Mid-America Motor Sports

United States Court of Appeals for the Tenth Circuit
111 F.3d 1515 (1997)

SC

Facts

Mid-America Motor Sports and World of Outlaws (the organizers) (defendants) signed a contract to hold race-car events at Lakeside Speedway. The contract gave the organizers the right to cancel an event because of unsafe driving conditions. Douglas Wolfgang (plaintiff) was a race-car driver who participated in a race organized pursuant to the contract. Wolfgang crashed, and his injuries were worsened by a lack of adequately trained and equipped firefighting personnel at the track. Wolfgang sued the organizers for breach of contract based on the provision in their contract with Lakeside Speedway regarding unsafe driving conditions. Testimony of the organizers’ representatives indicated an intent to protect the drivers. The district court ruled in Wolfgang’s favor, finding that he was an intended beneficiary of the contract. The organizers appealed.

Rule of Law

Issue

Holding and Reasoning (Kelly, J.)

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