Wade Clark Mulcahy LLP

<span>WCM Partner Bob Cosgrove and Philadelphia associate Lauren Berenbaum recently obtained a unanimous decision regarding the enforceability and validity of a liability waiver, which contained a California choice of law provision.  In </span><i>Robert Palmer and Sandra Palmer v. Freetime, Inc. d/b/a Wheel Fun Rentals and William T. Robbins, III</i><span>, plaintiff Robert Palmer (“R. Palmer”) was significantly injured while operating a Segway during a tour led by Freetime, Inc. d/b/a Wheel Fun Rentals (“Freetime”) in the Philadelphia area.  Though R. Palmer signed Freetime’s liability waiver (which contained a California choice of law provision) before going on the tour, R. Palmer argued that the waiver was unenforceable and thus did not release Freetime from claims of negligence.  After immense discovery and litigation, the parties jointly agreed to pose this sole legal question regarding the validity and enforceability of the liability waiver to a three-panel arbitration consisting of a well-known lawyer and two former Justice of the Pennsylvania Supreme Court.  The panel was charged with determining, as a matter of law, whether the express terms of the purported waiver drafted by Freetime were sufficiently specific to immunize it from liability for its alleged negligent conduct.   After submitting their respective briefs, the parties participated in an oral argument before the panel. After considering the parties' respective briefs and arguments, the panel unanimously decided the waiver satisfied the requirements of California law.</span>

For more information about this post, please contact <a href="mailto:rcosgrove@wcmlaw.com">rcosgrove@wcmlaw.com</a>.