Plaintiff’s Tort Claim from Motorcycle Accident may Survive Summary Judgement
The County of Monterey and the Sports Car Racing Association of the Monterey Peninsula (SCRAMP) have been sued for the placement of sandbags around their racetrack at a motorcycle racing event. The sandbags were used for erosion control, but the placement was a violation of FIM standards.
The court deemed that it was foreseeable that participants would lose control of their motorcycles and enter the safety zone, but participants were not warned about unmarked sandbags placed around the racecourse. The plaintiff entered a safety zone, collided with the sandbags, and suffered serious injuries from the motorcycle accident.
The plaintiff’s tort claim based on his injuries from the amateur motorcycle track race could survive summary judgment since he was allegedly injured by the placement of sandbags near the track, and the presence of sandbags is not an inherent risk of amateur motorcycle track racing accident.