i just have a little question to ask you guys, it's really urgent. Here is the case:
Chip North is a 22-year-old racing enthusiast who went to a car race at Trona International Speedway. North was excited because he had obtained a seat close to the track near the finish line. North’s ticket came with five others in a sealed envelope that was imprinted in a large font with the following:
Your seating for this event is in a very
Debris and fluids from race cars may be ejected or sprayed from the
race surface into your seating area in the event of a crash or malfunction
of a race vehicle. Please ask to change your seating if you do not desire to
ASSUME THE RISK OF SERIOUS INJURY.”
The envelope is opened by North’s younger brother, who does not pay any attention to the envelope and discards it after removing the tickets. During the race a car crashes into the wall in front of North’s seat and sprays him with burning gasoline, causing severe injuries. North sues Trona Speedway for negligence for subjecting him to a known danger by seating him and others so close to the racetrack. Trona Speedway denies any liability based upon the warning on the envelope and the known risk that spectators take when attending a race.
At trial, which side should prevail?and why?