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WCM Obtains Summary Judgment Dismissal in NJ Motorcycle Case.

April 20, 2018

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Partner Michael Bono and Associate Michael Noblett obtained summary judgment on behalf of Motorcycle Rider Training, Inc. in Middlesex County, New Jersey. In the case of <em>Chrisoula DeLaurentis v. Motorcycle Rider Trainer, Inc.</em>, plaintiff filed suit alleging that she was improperly coached during the motorcycle safety course administered by our client.
We filed our motion for summary judgment because plaintiff signed a waiver of liability form which is a promise not to sue in the event of an accident. In New Jersey, however, a plaintiff who signs a waiver of liability form can still sue for “gross negligence.” In her opposition to our motion, plaintiff argued that the waiver of liability form was unenforceable because it was against public policy. In the alternative, plaintiff argued that MRT committed gross negligence. We analogized recent case law on point from the Supreme Court in arguing that the waiver of liability form was enforceable. We also analogized recent case law to argue that MRT’s conduct did not even come close to qualifying as gross negligence. The judge agreed and granted our motion.
For more information about this post please e-mail <a href=""target="_blank">Mike Bono</a>.

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