(WTAQ-WLUK) – The insurance company for a Calumet County racetrack isn’t liable to cover claims against it by the parents of 5-year-old killed while riding a dirt bike, a state appeals court ruled Tuesday.
Finley Baier, 5, was killed on July 19, 2020, while riding a dirt bike at Gravity Park USA after being struck by Jacob Hemauer, who was driving an ATV. There was no scheduled event; the facility was open for fee-paying guests to ride on the track.
Baier’s parents sued Hemauer, who then filed a third-party complaint against Gravity Park, it’s owner and its insurance company. The Baiers also added a claim directly against Gravity Park.
Gravity Park’s insurance company, National Casualty, asked for the case to be dismissed. It said “damages arising as a result of Finley’s death, which did not occur during a scheduled, reported, and approved event, were not covered under the policy,” according to the decision.
A circuit court judge ruled against National Casualty, who then appealed.
In the 18-page decision issued Tuesday, the appeals court ruled in the insurance company’s favor.
“We therefore conclude that the circuit court erred in its interpretation of the policy. Accordingly, we reverse and remand with directions that the court grant National Casualty’s motion for summary judgment,” the ruling states.
Online court records for the circuit court case have been sealed but no hearings have been scheduled, according to the court.
Comments