Archive for the ‘Adhesion’ Category

“Baled” Out – Woman Trips on Stairs at Farm; Indemnity Agreement in Release Contrary to Public Policy (CT)

September 2, 2015

Squinobal v. Zenko (Connecticut)

Plaintiff was injured when she slipped and fell on wooden stairs located on the defendant’s premises.  The defendant operated a farm and equestrian facility.  At the time of the incident, plaintiff was carrying a bale of hay and seed to a feed trailer.  Plaintiff filed a complaint alleging that her injuries resulted from the negligence and carelessness of the defendant.  The defendant filed a counterclaim based on a “Lesson, Horse Rental, and Arena Use Release” document (“Release”) signed by the plaintiff in order to ride horses at the facility.  The defendant then filed a motion for partial summary judgment on the ground that plaintiff had a duty to defend and indemnify the defendant under the terms of the Release. (more…)

Teachable Moment – Claims of Student Chaperon Injured While Whitewater Rafting Barred by Release (PA)

June 10, 2015

McDonald v. Whitewater Challengers, Inc. (Pennsylvania)

The plaintiff (a New York resident) was a school teacher who chaperoned seventh and eighth grade school children on a whitewater rafting field trip with other faculty members.  While she was rafting, her raft struck a large rock, causing her personal injury.  Plaintiff filed a negligence lawsuit against against the whitewater facility, alleging that the facility failed to provide a river guide/instructor in her boat, failed to provide a properly inflated raft, failed to advise her on the grade/class of whitewater rapids she would encounter, failed to instruct her on how to safely and effectively maneuver the rapids, and allowed an unsafe number of inexperiences rafters in the boat.

The defendant filed a motion for summary judgment based on the waiver and release agreement signed by plaintiff prior to her participating in the rafting.  The trial court denied the motion.  Following further discovery, plaintiff then filed a motion for partial summary judgment arguing that New York law (and not Pennsylvania law) should be applied to the facts, and defendant filed a second motion for summary judgment.  Applying Pennsylvania law, the trial court denied both motions.  While the court acknowledged that the Pennsylvania Supreme Court had previously “affirmed the validity of such exculpatory releases in inherently dangerous recreational activities,” the court held that there were “material issues of fact existed regarding whether she was economically compelled to sign the release” by her employer/school.  The parties filed petitions for permission to file an interlocutory appeals, which were granted.

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