Favorable Result in Gross Negligence Case

January 22, 2016

A Los Angeles court granted a summary judgement in favor of Motorcycle Safety Foundation, represented by Murchison & Cumming attorney Nancy N. Potter. The plaintiff took a beginners’ motorcycle riding course from Motorcycle Safety Foundation, on the campus of Cerritos College; as part of the enrollment, he signed a waiver and release of liability. During the class, another student was unable to control his motorcycle and hit the plaintiff’s knee and the plaintiff sued, alleging simple and gross negligence. The defense filed a motion for summary judgment based on the waiver and release which the plaintiff signed, noting the position that he had not been given time to read the document before signing it. The court held that the plaintiff was bound by the release which he had signed, that there had been no facts showing fraud, and that the waiver was not against public policy because motorcycle training is not an essential activity and the plaintiff had many sources for the training. The court also held that there was no possibility of gross negligence, based on the facts alleged, and therefore granted summary judgment.