Kentucky Court Grants Summary Judgment to Motocross Promoter on Gross Negligence Claims After Mechanic’s Injury

A mechanic was injured when an out-of-control motocross bike careened into the starting area where he was watching the race.  He brought negligence claims against the event promoter, alleging the promoter told him to stand in an obviously dangerous area.  The U.S. District Court for the Eastern District of Kentucky dismissed the plaintiff’s action on summary judgment, where the only issue left to determine was whether the defendant acted with willful and wanton negligence (Kentucky law defines gross negligence as the “absence of slight care” and willful and wanton negligence as “the entire absence of care” along with a “conscious disregard” for safety).  The court reasoned that the defendant promoter produced undisputed evidence that it complied with track design and race safety standards, posted numerous warning signs, informed participants of the dangers in waivers, provided onsite medical care, complied with industry safety protocols, and took various other precautionary measures.  Thus, summary judgment was proper on the willful and wanton negligence claim because even if the promoter had told the mechanic to stand in a dangerous area during the race, no reasonable jury could find the promoter’s actions constituted an entire absence of care in light of the series of undisputed safety precautions that had been taken.