Tag Archives: summary judgment

Summary Judgment Rulings in Recent New Jersey Waiver Cases when Gross Negligence is Alleged

By Doyice Cotten

Plaintiffs often allege both negligence and gross negligence when injured and seeking redress. New Jersey law generally holds that “contracting parties are afforded the liberty to bind themselves as they see fit.” Waivers of provider negligence, however, are disfavored in law and must be subjected to close judicial scrutiny. Such waivers must reflect the intent of the party giving up rights to do so voluntarily and with knowledge of the consequences. Further the signer of a contract,

Summary Judgment in NY Horseback Ride Case Not Granted: 1) Questions of Fact and 2) Waiver Signed by Another Person in Group

By Doyice Cotten

Lynette Blumenthal rented a horse and was thrown during her ride (Blumenthal v. The Bronx Equestrian Center, Inc., 2014 N.Y. Misc. LEXIS 2884).  The defendant moved for summary judgment based on a liability waiver.

The court summarized New York summary judgment procedure as follows.

Summary judgment is a drastic remedy, and it should not be granted when there is any doubt as to the existence of a triable issue of fact….