Knowledge of reliance on expertise may bar release of gross negligence.

In this case, a release was effective in barring a claim in ordinary negligence and negligent hiring, as it was not the result of unequal bargaining. However, the release was not effective in barring a claim in gross negligence. Factually, the plaintiff was a quadriplegic who was trying training at a fitness center with a personal trainer. The plaintiff fell and suffered a leg fracture. In the action against the fitness center and the trainer, despite the liability waiver, the gross negligence claim was the one count that survived summary judgment. The court found that the defendants knew or should have known that the plaintiff, due to his impairments, was relying on expertise to avoid injury. The case has a detailed analysis of the three counts, the two on which summary judgment was granted, and how the court found the survival of the gross negligence county highly dependent on context and inferences in favor of the plaintiff.

Case Law Alerts, 2nd Quarter, April 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.