Winterstein v. Wilcom
Court of Special Appeals of
16 Md.App. 130, 293 A.2d 821.
Prosser, pp. 601-604
Facts: Winterstein got injured while driving in a speed
contest on a drag racetrack. He had
signed a waiver that said he wouldn’t sue the racetrack owner as a condition of
entering the contest. The plaintiff sued
anyway, saying that the waiver should be invalidated on the grounds of public policy. The trial court dismissed his claims, and the
plaintiff appealed.
Issue: Is the agreement by the plaintiff to assume the risk enforceable?
Rule: Parties are permitted to contract out of duty of care
as long as the bargaining is “free and open” and the agreement doesn’t affect
the “public interest”.
Analysis:
Conclusion: