Smith v. Golden Triangle Raceway’s Empirical Analysis
1986
Citation profile
1 district · 12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 2013
1 district · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Brownlee v. Brownlee · 16 Md. App. 130 - Winterstein v. Wilcom · 35 Colo. App. 73 - Barker v. Colorado Reg.-Sports Car Club of Am., Inc. · Thomas v. Atlantic Coast Line R. · 31 Ohio App. 2d 141 - Seymour v. New Bremen Speedway, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“from all liability to the undersigned... for any and all claims or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise. ... I HAVE READ THIS DOCUMENT. I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS. " Id. at 575 (emphasis added). The raceway filed a motion for summary judgment based on the release signed by Mr. Smith, which was granted by the trial court. The court of appeals acknowledged that this was a case of first impression in Texas and cited several other jurisdictions that have adopted the rule that liability for gross negligence cannot be waived. The court concluded that public policy barred a waiver under such circumstances and cited section 195 of the Restatement (Second) of Contracts, which states: "A term exempting a party from tort liability for harm caused intentionally or recklessly is unenforceable on grounds of public policy.”
1 later decision quote this exact passage“Id. at 575 (emphasis added). The raceway filed a motion for summary judgment based on the release signed by Mr. Smith, which was granted by the trial court. The court of appeals acknowledged that this was a case of first impression in Texas and cited several other jurisdictions that have adopted the rule that liability for gross negligence cannot be waived. The court concluded that public policy barred a waiver under such circumstances and cited section 195 of the Restatement (Second) of Contracts, which states:”
1 later decision quote this exact passage“A term exempting a party from tort liability for harm caused intentionally or recklessly is unenforceable on grounds of public policy.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.