(DOWNLOAD) "Charles Alack v. Vic Tanny International" by Supreme Court of Missouri " Book PDF Kindle ePub Free
eBook details
- Title: Charles Alack v. Vic Tanny International
- Author : Supreme Court of Missouri
- Release Date : January 28, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Plaintiff was injured while using health club facilities. He had signed a two-page, seventeen-paragraph ""Retail Installment Contract"" containing a general exculpatory clause. The clause, however, did not expressly release the health club from injuries resulting from its own negligence. The trial court ruled that the exculpatory clause did not bar plaintiff's negligence action as a matter of law, but the trial court allowed the contract as evidence and submitted the issue to the jury as a matter of fact. The jury returned a verdict for plaintiff in the amount of $17,000. We hold that the exculpatory clause was ambiguous and that defendant health club did not insulate itself from liability for future negligence because the exculpatory clause did not use the word ""negligence"" or ""fault"" or their equivalents so that a clear and unmistakable waiver occurred. We further hold that the trial court correctly denied the plaintiff's motion for a new trial on damages and plaintiff's request for an instruction on punitive damages. The judgment of the trial court is affirmed.