Case 01 · Flagging and releasesThe Fallen Rider
A rider goes down behind a jump during open practice. Two riders hit him. Was the track responsible?
Rosencrans v. Dover Images, Ltd., 192 Cal. App. 4th 1072; 122 Cal. Rptr. 3d 22 (Court of Appeal of the State of California, 2011)
California, 2011 · 6 min · MembersCase 02 · Track work during ridingThe Tractor Behind the Jump
Practice stays open while a tractor grooms the track. The tractor moves behind the first jump. Two riders come over it at speed.
Texas Moto-Plex, Inc. v. Phelps, No. 11-03-00336-CV (Court of Appeals of Texas, Eastland, February 2, 2006)
Texas, 2006 · 7 min · MembersCase 03 · Hazards beside the trackThe Culvert Beside the Track
A 15-year-old is pushed wide off a jump in a race. About three feet off the track sits a metal drainage culvert. The park says it was covered. His helmet camera says it was not.
Two Rivers Holding Co. v. Rogers, Nos. A20A1705 through A20A1710 (Court of Appeals of Georgia, March 11, 2021)
Georgia, 2021 · 7 min · MembersCase 04 · Neighbors and noiseThe Track Next Door
A motocross course opens in January 2004. The neighbors live within 1,100 feet. In 2006 they sue to shut it down for good.
McAfee MX d/b/a McAfee Moto Cross v. Foster, No. 2-07-080-CV (Court of Appeals of Texas, Fort Worth, February 7, 2008) (memorandum opinion)
Texas, 2008 · 6 min · MembersCase 05 · Minors and releasesThe Underage Racer
A 16-year-old fills out your adult entry forms, pays the fee and lines up for the adult race. His parents never said yes.
Emerick v. Fox Raceway, 68 Pa. D. & C.4th 299, No. 2000-0659-Civil (Court of Common Pleas of Armstrong County, Pennsylvania, July 21, 2004)
Pennsylvania, 2004 · 8 min · MembersCase 06 · Insurance coverageThe Trail-Riding Policy
A riding park gets its insurance by joining a trail-riding group. A rider is killed on the motocross track on an open-riding day. The insurer says motocross was never covered.
Great American Assurance Co. v. AES Promotions, L.L.C., 2011-Ohio-4443, No. 2010 AP 10 0041 (Court of Appeals of Ohio, Fifth District, Tuscarawas County, September 1, 2011)
Ohio, 2011 · 7 min · MembersCase 07 · Assumption of riskThe Hole in the Landing
An expert rider feels something strange on a jump landing and goes around again. Next lap he lands in a hole full of powdery dirt. This time the track won, but not unanimously.
Fritz v. Walden Playboys M.C. Inc., 217 A.D.3d 1293, 2023 NY Slip Op 03524 (Appellate Division of the Supreme Court of New York, Third Department, June 29, 2023)
New York, 2023 · 6 min · Members