Liability Waiver is Basis for Victorious Summary Judgment

August 1, 2008

A Los Angeles Superior Court judge recently granted defendants’ Motion for Summary Judgment in a case which tested the legal sufficiency of a waiver executed by plaintiff Mary Stout before she took motorcycle riding classes at the Nelson Motorcycle Training Center in Palmdale. Guy R. Gruppie, Gina E. Och and Nanette G. Reed successfully represented defendants.

The court determined as a matter of law that the waiver signed by Ms. Stout completely barred the negligence lawsuit that she made against defendant for injuries that she sustained while riding a motorcycle during training as she agreed to assume all risks attendant with motorcycle riding in the event of any accidents including her single motorcycle accident.

Plaintiff alleged that the training course was negligently designed and that the design caused her accident.

Discovery established that defendants’ negligence, if any, did not rise to the level of gross negligence and thus the Waiver and Indemnification Agreement signed by Ms. Stout expressly and voluntarily released defendants of liability.

Stout, a 51 year old court reporter, claimed to have sustained trauma to her left knee and was diagnosed with a contusion microfracture to her left medial femoral condyle. She claimed $2,000 in medical expenses, $33,000 in future medical expenses, and $77,000 in current and future lost earnings and sought an additional $200,000 for pain and suffering.

Although the court’s ruling was consistent with California law and national appellate rulings regarding the validity of waivers in the context of sport and recreational activities, Ms. Stout has filed a Notice of Appeal.