Summary Judgment Granted Based on Language of Liability Agreement

February 1, 2010

Gina E. Och and Edmund G. Farrell, III successfully defended client, Motorcycle Safety Foundation (“MSF”) up to the Court of Appeal.
Plaintiff, Mary Stout, signed up for a motorcycle riding training course with MSF. Prior to taking the course, she signed an agreement, which contained a release of all claims arising out of injuries that may occur during the training. After injuring herself following a crash during the class, she sued MSF.

Ms. Och brought a Motion for Summary Judgment, based on the language of the release. The Court granted the motion, and plaintiff appealed the case. Mr. Farrell represented MSF in the Court of Appeal, which unanimously held that the release barred all claims.