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Leatherwood v. Wadley2/11/2003
ted. When questioned, Leatherwood offered the following responses:
Q: Do you remember at the racetrack any signs being posted around the racetrack?
A: No.
Q: Do you remember specifically seeing any signs posted around the racetrack about any warnings or danger signs at all?
A: No.
Q: Do you know whether or not in fact there were any signs like that out there?
A: I have no idea if there is or not. They may be out there now, or they may have been there then. I can't say whether it was or not because I did not see them.
As further support for his assertion that defendants failed to post adequate warning signs around the speedway, Leatherwood referenced statements from the deposition testimony of Donnie Moore, in which Moore recited that he only remembered seeing a warning sign posted at the pit entrance or pit gate warning individuals to enter at their own risk. We quote the following exchange between Donnie Moore and plaintiff's counsel:
Q: Now, you told me about the signing in and the what you believe to be a release, and you told me about the sign there that says enter at own risk or words like that. Any other warning signs around there?
A: Not that I can think of offhand. I ain't saying that there wasn't, you know.
Q: But you didn't see them if there were?
A: I don't remember seeing them.
Defendant Wadley testified that warning signs were posted at both the general admission ticket booth and the pit gate. Wadley testified as follows:
Q: All right. Were there any other requirements that you recall that [the insurance company] required you to do for safety purposes?
A: Put up signs, warning signs, racing is dangerous.
Q: Where? I'm going to give you the green Magic Marker on the signs. Where did you put up warning signs?
A: Warning signs here at the ticket booth.
Q: All right. Put an "X" there at the ticket booth, then.
A: Then there's warning signs here at the pit gate here also stating racing is dangerous, not responsible for flying objects from cars, dirt, debris, such as that.
Q: (By Mr. Gordon) And describe those signs for me.
A: Just large signs, large letters. One of them is I know red with white writing warning in big letters not responsible for wrecks and accidents, and another sign, I believe it's a white and black, warning not responsible for accidents from parts flying off of vehicles or mud.
Q: Where is that sign located?
A: They're located on the gate that you drive right beside when you go in. When you come to the gate you've to sign a pit form.
Q: And we're talking about the pit gate now?
A: Yes, sir, the pit gate.
Q: What about the one at the general admission?
A: Where you walk through your gates to get your tickets at.
Q: And what does it say?
A: Warning, racing is dangerous, and it has some more things under it.
Q: All right. And then at the pit gate what does that sign say?
A: The same thing, a warning sign stating racing is dangerous and not responsible for flying objects, and that's where you go through the gate to bring your car in to enter the pit.
Mr. Leatherwood acknowledges that warning signs could have been posted but that he did not see them. In any event, Mr. Leatherwood was a sophisticated race spectator and as such had knowledge of the usual warnings to such spectators.
Additionally, pl
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