Downing v. United Auto Racing Association

Terry Downing (plaintiff) worked as a pit crew member for a midget-car racer on a dirt oval track. Before a race, one car's wheels briefly lost contact with the track ("bicycling"), causing the driver to lose control; the car flipped and skidded into the pit area, pinning Downing against a fence and severely injuring him. Downing sued United Auto Racing Association and the track's promoter, Aaron Willis (defendants), alleging they failed to provide a safe track, adequate personnel, sufficient guardrails, and a pit steward, and failed to remove the bicycling car from the track before it crashed. The defendants countered that they had warned pit crew, including Downing, not to stand where he was struck. The jury awarded Downing $1.5 million, but reduced it to $615,000 after finding Downing 59% comparatively at fault. Both sides appealed.