Plaintiff Suit Stopped from Proceeding to Trial

Shari L. Rosenthal recently argued a Motion for Summary Judgment written by Kevin H. Louth on behalf of the firm's client, a dealer of scrap automobile parts. The plaintiff had signed a clear, concise, three paragraph release before entering the premises, which effectively terminated his right to litigate against the defendant in the event of personal injury while visiting the junkyard.

The plaintiff allegedly suffered multiple injuries while working on removing parts from an automobile when the defendant's employees drove a forklift over a used tire, causing the tire to rupture and hit the plaintiff. The Court determined that there was no evidence of gross negligence, and that the language of the release was not ambiguous, and was conspicuously placed in the agreement. The Motion for Summary Judgment was granted on behalf of the firm's client.