Lynam v. Blue Diamond LLC
N14C-11-121 RRC
| Del. Super. Ct. | Oct 4, 2016Background
- Thirteen-year-old Tommy Lynam was injured at Blue Diamond motocross when he landed from a jump, lost control, and collided with a large metal shipping container placed near the track.
- Before riding, Tommy’s father signed a Parental Consent, Release and Waiver of Liability that expressly released the track owners from liability for injuries "even if caused, in whole or in part, by the negligence of the ‘Releasees.’"
- Plaintiffs pleaded a single negligence count that also alleged reckless/wanton conduct; at oral argument Plaintiffs conceded ordinary negligence claims are barred by the Release and pressed a separate theory of recklessness.
- Defendants moved for judgment on the pleadings arguing (1) the Release bars negligence and recklessness claims and (2) assumption of risk precludes recovery.
- The court treated the motion on the pleadings standard, concluded the Release clearly bars negligence claims but does not clearly and unambiguously release claims for reckless conduct, and denied the motion to allow discovery on recklessness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Release bars recovery for ordinary negligence | Lynam concedes negligence is released and does not pursue ordinary negligence | Release expressly disclaims liability for injuries "even if caused . . . by the negligence of the ‘Releasees’" | Release is clear and bars negligence claims |
| Whether the Release bars claims for reckless/wanton conduct | Lynam contends Release is silent as to "reckless" conduct and does not bar such claims | Blue Diamond argues Ketler and similar authority allow releases to cover reckless conduct | Release is not "clear and unambiguous" as to reckless conduct; it does not bar recklessness claims |
| Whether the pleadings establish recklessness as a matter of law | Lynam alleges facts suggesting awareness of prior collisions and a dangerous track design supporting recklessness | Blue Diamond argues alleged facts do not amount to recklessness and the Release/assumption defenses foreclose recovery | Court finds factual record undeveloped; cannot decide recklessness on pleadings — discovery permitted |
| Whether assumption of the risk bars recovery for alleged recklessness | Lynam argues the specific risk (collision with container) was not contemplated and plaintiffs lacked opportunity to inspect | Blue Diamond contends plaintiffs assumed risks attendant to motocross, citing releasatory language and doctrine | Court declines to decide assumption-of-risk defense now due to undeveloped record |
Key Cases Cited
- Ketler v. PFPA, LLC, 132 A.3d 746 (Del. 2016) (upheld a clear release that expressly waived claims for injuries resulting from defendant’s negligence)
- Culver v. Bennett, 588 A.2d 1094 (Del. 1991) (discusses use of Prosser & Keeton on tort interpretation and related principles)
- Riverbend Cmty., LLC v. Green Stone Eng’g, LLC, 55 A.3d 330 (Del. 2012) (requirements that releases be unambiguous and not against public policy)