2001 Conn. Super. Ct. 2916 | Conn. Super. Ct. | 2001
On October 3, 2000, the defendant filed a motion for summary judgment on the plaintiff's entire complaint. Thereafter, on October 18, 2000, the plaintiff filed an objection to the defendant's motion for summary judgment. This motion is now before the court.
A "motion for summary judgment is designed to eliminate the delay and expense of litigating an issue when there is no real issue to be tried."Wilson v. New Haven,
In the present case, the defendant argues that the plaintiff executed a valid and enforceable waiver on February 28, 1998, thereby precluding the plaintiff from recovery.1 In response, the plaintiff argues that he did not have equal bargaining power with the defendant because, had he not signed the waiver, he would not have been permitted to skate. As a general matter, the Connecticut appellate courts have yet to rule on the enforceability of a waiver of negligence claims, signed by an adult participating in a recreational event.2 "The general rule is that where a person of mature years and who can read and write, signs or accepts a formal written contract affecting his pecuniary interests, it is [that person's] duty to read it and notice of its contents will be imputed to [that person] if he negligently fails to do so; but this rule is subject to qualifications, including intervention of fraud or artifice, or mistake not due to negligence, and applies only if nothing has been said or done to mislead the person sought to be charged or to put a [person] of reasonable business prudence off. guard in the matter."Ursini v. Goldman,
In the present case, the court finds that the defendant has met its burden of showing that no genuine issue of material fact exists. The waiver at issue contains express language relieving the defendant of liability in the event a patron suffers an injury through the use of defective equipment. There is no dispute that the plaintiff signed this document prior to skating. (Defendant's memorandum, Exhibit A, p. 12.) Further, the plaintiff's deposition testimony indicates that he had signed similar documents in the past at the defendant's rink and that he had read the document at some point. It also indicates that the plaintiff he had skated at the same rink at least a half dozen times before the date of his injury (Defendant's memorandum, Exhibit A, pp. 14-15 and
The court further finds that the plaintiff, in response, has failed to meet his burden of showing that there is a genuine issue of material fact because he fails to provide an evidentiary foundation to refute the non-existence of a genuine issue of material fact as it relates to the enforceability of the waiver. Miles v. Foley, supra,
The plaintiff further argues that enforcing such a waiver would violate public policy. "[I]t is well established that contracts that violate public policy are unenforceable." Solomon v. Gilmore,
In heeding the cautious approach taken by courts in evaluating whether contract provisions violate public policy; Arruda v. Donham and DoverInv. Prop., supra, Superior Court, Docket No. 520972; the court finds CT Page 2919 that the waiver at issue does not violate public policy. This case clearly does not involve an abrogation of a statute and no minor's interests were involved. Lombardo v. Maguire Group, Inc., supra, Superior Court, Docket No. 077767. The court finds that, in the present case, the public policy favoring freedom of parties of equal bargaining power to enter into a contract outweighs any disfavor the law may have for agreements exempting parties from their own negligence. As this court held, "Contracts which relieve a person of his own negligence are generally not favored in our courts. Such provisions, however, have been upheld under proper circumstances." Connors v. Reel, supra, (
Under the facts alleged in the instant case, it would be improper to hold the plaintiff unaccountable for his own actions, specifically, signing the waiver. Accordingly, because the waiver and release signed by the plaintiff is valid and binding, the court finds that there is no genuine issue of material fact and the defendant's motion for summary judgment should be and is hereby granted.
By the Court,
Joseph W. Doherty, Judge