JOSE CEBRIAN GONZALEZ, Plaintiff-Appellee, v RUSTY
WALLACE RACING EXPERIENCE, SITYS, L.L.C., FORMULA
RACING EXPERIENCE, and RACING REALITY, INC.,
Defendants-Appellants.
No. 319471
COURT OF APPEALS OF MICHIGAN
2015 Mich. App. LEXIS 25
January 13, 2015, Decided
Facts: Jose Gonzalez, a citizen of Spain, came to Michigan on a family vacation in June
2012. During his vacation, Gonzalez participated in a “test drive” at the Michigan International
Speedway. The event was provided by the Racing Experience, a collective group of companies
that are associated with racing. Gonzalez signed two forms. The first released the Racing
Experience from all liability and personal injury claims related to the event and provided
warning therein that the event was very dangerous and involved the risk of serious injury. The
second release stated that Gonzalez acknowledged that “driving or riding in a racecar and all the
related activities are dangerous with many risks that may result in serious injury or even death.”
Gonzalez did not have any problems steering the car on the first four or five laps. However, on
the fifth or sixth lap, the steering wheel detached from the steering column. Gonzalez lost control
of the car and crashed into a wall. On August 3 1, 2012, Gonzalez filed a complaint against the
Racing Experience, in which he alleged theories of negligence and gross negligence. The Racing
Experience moved for a summary disposition, but it was denied by the court.
Issue 1: Should the Racing Experience be entitled to a summary disposition?
Rule: If the plaintiffs claim is barred “because of release”, then a defendant is entitled to
summary disposition, MCR 2.116(C)(7).
A party is entitled to summary disposition if “there is no genuine issue as to any material fact,
and the moving party is entitled to judgment as a matter of law. ” MCR 2.116(C)(10). Allison v
AEW Capital Mgmt., L.L.P., 481 Mich. 419, 425; 751 N. W.2d 8 (2008).
Analysis: The Racing Experience should have been entitled to a summary disposition based on
two statutes. Under MCR 2.116(C)(7) and MCR 2.116(C)(10). Under MCR 2.116(C)(7) if the
plaintiffs claim is barred “because of release”, then a defendant is entitled to summary
disposition. The release is a document that can be signed by the plaintiff, which all liability is
removed from the defendant. Gonzalez had signed two forms of release when he had registered
for the event. The first release that was signed released the Racing Experience from all liabilities
and personal injury claims that were related to the event. The second release that Gonzalez
signed, indicated that Gonzalez acknowledged that, “driving or riding in a racecar and all the
