Can a chemical that was sprayed on a race car driver while he was still inside be used as a plaintiff in a personal injury action?

California, United States of America


The following excerpt is from Coates v. Newhall Land & Farming, Inc., 191 Cal.App.3d 1, 236 Cal.Rptr. 181 (Cal. App. 1987):

Arnold v. Shawano County Agr. Soc. (1983) 111 Wis.2d 203, 330 N.W.2d 773, cited by appellants at oral argument as persuasive authority, can be distinguished. There, a race car driver suffered severe brain damage when, during rescue operations, fire extinguishing chemicals were sprayed on his burning vehicle while he was still inside. He sued the sponsor of the race, who moved for summary judgment based on an exculpatory contract much like the one in this appeal.

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