July 4th, 2020
- Harold New Hampshire International Speedway, Inc., owned the New Hampshire International Speedway, a racetrack next to Route 106 in Loudon, New Hampshire. In August 1998, on the weekend before the Winston Cup race, Speedway opened part of its parking facility to recreational vehicles (RVs). Speedway voluntarily positioned its employee Frederick Neergaard at the entrance to the parking area as a security guard and to direct traffic. Leslie Wheeler, who was planning to attend the race, drove an RV south on Route 106 toward Speedway. Meanwhile, Dennis Carignan was also driving south on Route 106 on a motorcycle, on which Mary Carignan was a passenger. As Wheeler approached the parking area, he saw Neergaard signaling him to turn left, which he began to do. At the same time, Carignan attempted to pass the RV on its left side, and the two vehicles collided. Mary sustained an injury to her right knee, lacerations on her ankle, and a broken hip. She sued Speedway and others for negligence. Which element of negligence is at the center of this dispute? How is a court likely to rule in this case, and why?