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SCHLESSMAN v. HENSON

No. 15575.

80 Ill. App.3d 1139 (1980)

400 N.E.2d 1039

ELMER E. SCHLESSMAN, III, Plaintiff-Appellant, v. MAX HENSON, d/b/a Champaign Motor Speedway, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed February 11, 1980.

Attorney(s) appearing for the Case

Marvin Gerstein, of Kahr & Gerstein Law Offices, of Champaign, for appellant.

Vance I. Kepley, of Reno, O'Byrne & Kepley, of Champaign, for appellee.

Judgment affirmed.

Mr. JUSTICE GREEN delivered the opinion of the court:

This case concerns the validity of an exculpatory agreement purporting to release the operator of a motor speedway from resulting from the operator's negligence and occurring while the driver was in a restricted area consisting of the track and the area close by.

On May 24, 1978, the driver, plaintiff Elmer E. Schlessman filed suit in the circuit court of Champaign County against...

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