Archive for the ‘Language’ Category

No Free Lunch (or Vacation) – Florida Supreme Court Confirms Decision to Enforce Release Despite Lack of “Negligence” Language (FL)

May 13, 2015

Sanislo v.Give the Kids the World, Inc. (Florida)

The defendant non-profit organization provided free vacations to seriously ill children and their families.  The plaintiff went with her ill child on one of the defendant’s vacations, and she suffered an injury when a wheelchair lift collapsed at a resort village.  The plaintiff filed a negligence lawsuit against the defendant, and the defendant filed a motion for summary judgment based upon a both release of liability that was included in in the wish request form filled out by the plaintiff and a liability release form signed by the plaintiff after she arrived at the resort village.  Plaintiff countered with her own motion for partial summary judgment on the defendant’s affirmative defense of release.  The trial court granted the plaintiff’s motion and denied the defendant’s motion, and the case proceeded to trial.

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