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Charles F. Gfeller
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The Court of Appeals of Kentucky recently affirmed a trial court decision finding a preinjury liability waiver valid in Bowling v. Asylum Extreme, LLC, No. 2010-CA-001687-MR, 2011 WL 5119151 (Ky. Ct. App. Oct. 28, 2011). The action arose when Christina Bowling (“Bowling”) was struck in the eye with a paintball, suffering permanent injury. Prior to participating in the paintball game, Bowling read and signed a waiver agreement, but nonetheless later asserted that Asylum Extreme, LLC (“Asylum”) was negligent in failing to instruct her on proper use of her safety mask. The trial court granted Asylum’s motion for summary judgment, finding... Continue reading
Posted Nov 7, 2011 at Insurance Developments
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Nov 7, 2011