Sinu v. Concordia University, 313 Neb. 218

Konrad Sinu, recruited from England to play soccer at Concordia University, and his mother signed an "Assumption of Risk and Waiver of Liability Release" before he moved to Nebraska.
Five months later during a mandatory team strength session at the university’s Walz facility, a resistance band slipped from a squat-rack J-hook while Sinu performed a "face pull," injuring his eyes.
Sinu and his mother sued Concordia for negligence; Concordia pleaded the signed release and assumption-of-risk as defenses and moved for summary judgment.
Plaintiffs moved twice to amend their complaint to add allegations of gross negligence/willful and wanton misconduct—once after the summary-judgment motion but before discovery closed, and again after discovery closed; both motions were denied as futile.
The district court granted summary judgment for Concordia, finding the release valid and enforceable as to ordinary negligence; the plaintiffs appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Enforceability of the waiver/exculpatory clause	Release does not expressly mention "negligence" or university conduct; thus it did not clearly waive negligence claims and may be unconscionable or against public policy	Release broadly waives "any and all claims... personal injury" arising from participation; recreational setting and signed parental consent negate public-policy/unconscionability concerns	Release was clear and unambiguous as to ordinary negligence and not against public policy; it barred the negligence claim and summary judgment was proper
Denial of leave to amend to plead gross negligence/willful and wanton conduct	Plaintiffs should be allowed to amend to plead gross negligence, which would avoid the waiver and present a triable issue	Amendment would be futile because the record does not support gross-negligence allegations; plaintiffs had adequate discovery opportunity	District court did not abuse discretion; amendment would be futile because alleged facts at best show ordinary negligence, not gross negligence

Kozal v. Snyder, 312 Neb. 208 (2022) (standards for reviewing summary judgment)
Estermann v. Bose, 296 Neb. 228 (2017) (futility standard for amendment when summary-judgment motion filed and discovery status considered)
Palmer v. Lakeside Wellness Ctr., 281 Neb. 780 (2011) (definition and treatment of gross negligence)
Dion v. City of Omaha, 311 Neb. 522 (2022) (contract interpretation principles for exculpatory clauses)
New Light Co. v. Wells Fargo Alarm Servs., 247 Neb. 57 (1994) (public-policy limits on exculpatory/indemnity clauses)
Myers v. Nebraska Invest. Council, 272 Neb. 669 (2006) (disparity in bargaining positions in unconscionability analysis)