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August 7, 2019

Costello Legal Wins Motion on Liability Waiver Issue

A case involving a slip and fall on a basketball court at a health club, Plaintiff alleged that the design of the basketball court was defective due to the placement of a metal strip placed throughout the edge of the entire court.

Associate Shipra Mehta was tasked with defending the health club, and pushed to end the case before entering discovery. She filed a motion to dismiss which utilized the liability waivers signed by the Plaintiff. Shipra argued that the plaintiff was barred from bringing this lawsuit due to the exculpatory language that he voluntarily agreed to. As the mechanism of the injury was contemplated by the exculpatory language, Plaintiff had waived his rights to maintain this lawsuit. After briefing and oral hearing, the Court agreed and dismissed the case with prejudice, saving the client both settlement and defense fees due to a quick resolution.

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