Memo for Motion Against Summary Judgment Essay - 2002 Words

I. Introduction and Standard for Opposition to Summary Judgment Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively Crowell) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowells negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine issue of material fact related to Crowells Answer, Crowell can be liable to Lajauna Barnett†¦show more content†¦The defendant did not ask whether the plaintiff was left or right handed, and the plaintiff, not knowing otherwise, put on her equipment the same way as she saw the other members of the club putting on their gear. A waiver of a right to sue is ineffective to shift the risk of a partys own willful, reckless, or gross conduct. Id. at 543 (citing Winterstein v. Wilcom, 16 Md.App. 130, 134-36, cert. denied, 266 Md.744 (1972)). In the present case, the defendant was certified by the U.S. Fencing Association to provide instruction in fencing and was to instruct fencing club members in the proper methods of fencing. These are direct quotes taken from the release form signed by the plaintiff. In signing the exculpatory clause, plaintiff was to release defendant from any and all claims arising out of students participation in fencing club activities. In return, plaintiff was to receive instruction in the proper methods of fencing. This includes proper instruction in putting on the safety equipment, arguably the most important aspect of the sport of fencing. The wording any and all claims can be construed as ambiguous. It would be against public policy to hold valid a claim that released the defendant from any and all claims arising out of fencing club activities, including claims arising from the defendants negligence. The plaintiff signed the exculpatory clause releasing the defendant fromShow MoreRelatedC ase Study : Sandhu V. Solutions 2 Go Inc Essay907 Words   |  4 PagesGo announced the 2010 fiscal profit sharing plan bonus and paid its employees. Ms. Sandhu received no share of the profit sharing bonus, despite being employed for the entire fiscal year, which ended on March 31, 2010 so she filed for a motion for summary judgment. The full share for the employees who were employed for the entire 2010 fiscal year was $16,055. 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