Two releases, same plaintiff’s, same defendants releases cancel each other out and defendant is left with a lawsuit The health club had a release in its membership agreement and a separate release. The appellate court said the difference in the language created an ambiguity which canceled both releases. This case concerns dodgeball. A great game when played by kids, a pretty nasty game when one of the players is 18 and all the other players are ten. The plaintiff was in the health club’s day-care program. While in the program an employee who was not trained in working in the day-care program, at the suggestion of another kid, allowed the kids to play dodgeball. The game was held in a racquetball court and played with the kids. One of employee’s throws a ball hitting the plaintiff smashing his face into the wall where he suffered injuries. Lotz et al., v. The Claremont Club et al., 2013 Cal. App. Unpub. LEXIS 5748
Posted on: Mon, 22 Dec 2014 19:03:02 +0000
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