Morrison Mahoney Partner John Knight and Associate Kavya Verma recently obtained summary judgment on behalf of a zip-line and climbing park defendant.
Plaintiff had visited the Defendant’s ropes course after reviewing their website and signing a participation agreement, which included release and waiver language. While at Defendant’s facility, a cell phone fell from another patron’s pocket during participation on the ropes course and struck Plaintiff on the head. Plaintiff argued that the release was ambiguous as to whether she was a “participant” bound by its terms. She also contended that the waiver was unenforceable because the defendant’s conduct amounted to gross negligence. John and Kavya argued the release was clear and unambiguous that the plaintiff waived her right to bring a claim for injury.
The Court found her ambiguity argument to be “an exercise in selective reading” and found the release language to be enforceable.
As to the gross negligence claim, the Court pointed out Plaintiff’s claim arose for the first time in summary judgment litigation instead of in an amended Complaint upon identifying information during discovery to support the claim.
