Mackenson v. Anthony
S16C-12-001 RFS
| Del. Super. Ct. | Jun 19, 2017Background
- Plaintiff Jean Francois Mackenson injured his hand when the rubber grip on a gym pull-up bar detached at Club Fitness in Rehoboth Beach.
- Plaintiff had executed a Club Fitness Membership Agreement on January 3, 2012, which contained a broad liability waiver releasing the club for injuries resulting from ordinary negligence.
- Plaintiff signed the agreement on the line labeled "Legal Guardian/Guarantor Signature" rather than the "Member Signature" line; he was 22 at the time and admitted he was a member when injured.
- Defendants Michael Anthony and RB Gyms, Inc. moved for judgment on the pleadings under Superior Court Civ. R. 12(c), arguing the waiver bars Plaintiff's negligence claim as a primary assumption of risk.
- Plaintiff argued the misplaced signature defeated the contract and that the factual issue precluded disposition on the pleadings.
- The court treated the waiver under Delaware law (following Ketler v. PFPA) and found the waiver clear, not unconscionable, and not contrary to public policy, and held the misplaced signature did not invalidate the agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/enforceability of broad liability waiver | Mackenson: mis-signing the agreement (signed on guarantor line) defeats the contract; factual dispute prevents judgment on the pleadings | Defendants: waiver is a valid, clear release of ordinary negligence and bars recovery | Waiver valid: clear, not unconscionable, not against public policy; signer’s placement on wrong line is immaterial |
| Availability of judgment on pleadings | Mackenson: factual issue about signature location precludes Rule 12(c) relief | Defendants: no material factual dispute; waiver on face of contract entitles them to judgment | Judgment on the pleadings appropriate because no set of facts would allow recovery |
Key Cases Cited
- Ketler v. PFPA, LLC, 132 A.3d 746 (Del. 2016) (Delaware Supreme Court: prospective release for negligence enforceable if clear and unequivocal, not unconscionable, and not contrary to public policy)