## Facts

- Douglas Allan Wolfgang, a professional sprint-car driver, participated in a “media day” practice session at Lakeside Speedway in Kansas City, Kansas, on April 3, 1992, preceding scheduled races.
- The track was owned by Mid-America Motorsports, the event was promoted by R.E.D. Racing (treated with Mid-America as “Lakeside Speedway”), and the race series was sanctioned by World of Outlaws.
- Wolfgang’s car struck a tire placed near the infield edge of the track, went out of control, and hit a concrete wall, rendering him unconscious.
- Methanol fuel spilled into the cockpit and ignited; Wolfgang remained trapped in the burning car for roughly eight to ten minutes before being removed and airlifted to a medical center.
- Fire and rescue capability at the track was alleged to be severely deficient: only two firefighters were present (instead of the usual five to seven), they had not trained together, were unfamiliar with sprint-car design, lacked meaningful extrication tools, and some extinguishers were unsuitable for methanol fires.
- Wolfgang sued Lakeside Speedway and World of Outlaws (among others) alleging negligent and wanton failure to provide adequate fire protection and rescue services, causing or worsening his injuries.
- Defendants relied on a written release Wolfgang signed, asserting it barred liability.

## Issues

1. Whether the evidence permitted a reasonable jury to find defendants’ fire protection and rescue conduct was wanton under Kansas law.
2. Whether World of Outlaws owed Wolfgang a duty regarding safe racing conditions, including adequate fire protection, for the practice session.
3. Whether the release barred claims based on wanton conduct.
4. Whether alleged instructional, evidentiary, and damages errors required a new trial or amendment of the judgment.

## Decision

- The Tenth Circuit affirmed the judgment for Wolfgang.
- It held there was sufficient evidence for the jury to find wanton conduct based on known methanol-fire risks and markedly inadequate staffing, training, equipment, and response.
- It held World of Outlaws owed a duty to ensure safe racing conditions, and that this duty extended to the practice session and to Wolfgang as an intended beneficiary of the sanctioning arrangement.
- It agreed the release could bar ordinary negligence but did not bar wanton conduct claims under Kansas law.
- It found no reversible error in the challenged jury instructions, evidentiary rulings, or the damages award, including treatment of loss-of-spousal-services damages as economic and not subject to non-economic caps.

## Legal Principles

- Under Kansas law, wanton conduct requires realization of imminent danger and reckless disregard or complete indifference to probable consequences; some safety precautions do not preclude wantonness if plainly inadequate for known risks.
- Exculpatory releases are strictly construed and generally may not shield a party from liability for wanton or willful misconduct, even if they may bar ordinary negligence.
- A sanctioning body may owe participants a duty regarding event safety where its contractual rights and role show responsibility for safety conditions and intent to protect drivers, supporting intended-beneficiary enforcement.
- Appellate review will not disturb trial management and damages determinations absent prejudicial instructional error, evidentiary error affecting substantial rights, or other abuse of discretion.

## Conclusion

The court upheld a jury verdict for an injured sprint-car driver, concluding that the evidence supported a finding of wanton failure to provide adequate fire and rescue protection, that the sanctioning organization owed a safety duty extending to a practice session, and that a liability release did not bar wantonness-based recovery.


Wolfgang v. Mid-Am. Motor Sports, Inc., 111 F.3d 1515 (10th Cir. 1997)