Waiver Precludes Hockey Player's Action for Amputated Leg
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Accident & Injury Personal Injury Lawsuit & Dispute Litigation
Summary: Blog post about a hockey player who was unable to sue the owners of an ice rink where he sustained serious injury because of the waiver he signed releasing them of liability.
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The plaintiff, Gabriel Fischer, sustained injuries during a hockey game at an ice rink owned by the City of Norwich. Gabriel was playing for the Norwich Ice Breakers when the opposing team member pushed him into an open door on the rink. The injury to Gabriel Fischer resulted in the amputation of his leg. The coach, city and hockey association moved to dismiss because Gabriel’s father had signed an exculpatory agreement, or waiver of plaintiff’s right the right to sue.
Summary judgment was granted to a coach, two hockey associations, and a city, in a negligence claim brought by an injured teen-aged hockey player, as the player's father signed a waiver and release form for his son to pl Plaintiff teen-aged hockey player sued defendants, the coach, the hockey associations, and the city for personal injury resulting from negligence. The hockey player also sued an opponent for personal injury resulting from the opponent's reckless misconduct. The coach, the hockey associations, and the city moved for summary judgment.
Because of the hockey player's youth, his father signed a waiver and release so that the hockey player could play in the hockey associations. During a game, the hockey player was hit in the back by the opponent. This blow caused the hockey player to collide with a corner of an open doorway in the boards surrounding the ice. The hockey player's leg was amputated, because of the injury the hockey player suffered. The coach, the associations, and the city claimed that the waiver and release that the hockey player's father signed barred the suit against them. The trial court found that the waiver and release did not violate the public policy of Connecticut and was enforceable. The claim that the hockey player and his father did not read the release did not save them from it effects. Because the waiver and release was valid and enforceable and applied to the coach, the hockey associations, and the city, it was a bar to the negligence claims against the coach, the hockey associations, and the city. Further, the hockey player presented no evidence of reckless conduct by any of the parties that he sued. The motion for summary judgment was granted in favor of the coach, the hockey associations, and the city.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Fischer v. Rivest, 2002 Conn. Super. LEXIS 2778 (Conn. Super. Ct.Aug 15 2002)