Tag Archives: motorcycle

Group Waivers and the Risk of Fraud

By Doyice Cotten

Scott Storer was injured while riding his motorcycle on a motocross track  (Storer v. E Street MX, Inc., 2015 Cal App. Unpub. LEXIS 4029). Prior to beginning his ride, Scott was handed a clipboard and asked to sign his name.

He said the only thing on the clipboard that he could see were names of other riders that signed in. He explained there was one folded sheet of paper with signature lines at the top of the clipboard,

Make Certain your Waiver Protects You against Your own Negligence!

By Doyice Cotten

Roseann Jablanofsky died in an accident while taking a motorcycle safety training program. She wanted to be able to accompany her husband on motorcycle rides.

Prior to the course, she signed a waiver of liability; the course included classroom instruction and riding practice in a parking lot. In addition, the class was shown a video that warned of the risks associated with operating a motorcycle, and all participants were verbally warned.

At one point during the riding class,

Missouri Supreme Court Provides an Interesting Ruling Regarding a Gross Negligence and Reckless Disregard Claim

By Doyice Cotten
Cynthia DeCormier signed up for a motorcycle training course, signed a liability waiver, and attended the course. On the day of the course there was rain, drizzle, snow, and mist; there was also ice on the pavement. As a consequence, she and her bike took a spill and she suffered injury. She subsequently sued alleging negligence, gross negligence, and reckless disregard (DeCormier v. Harley-Davidson Motor Company Group, Inc., 2014 Mo.

Waiver Protects Tennessee Motorcycle Safety School from Loss

By Doyice Cotten

Ruth Maxwell, a 58-year-old Tennessee resident, saw an ad for a motor scooter convention and decided it would be a fun and economical way to travel to and from work.(Maxwell v. Motorcycle Safety Foundation, Inc., 2013 Tenn. App. LEXIS 52)  She decided to enroll in a class to learn how to operate a motor scooter safely and signed up for a course with the defendant Mid Tenn Motorcycle Education Center, Inc (MTMEC).