PRE-INJURY RELEASE HALTS PERSONAL INJURY SUIT

Partners Wayne Gordon and Amie Fordan, along with associate Marc Tolliver, successfully  forced the dismissal of a serious personal injury suit, relying on a pre-injury release signed by plaintiff.  The suit involved a severely fractured ankle suffered by the plaintiff due to allegedly defective or improperly maintained roller skates at a skate rink.  The plaintiff had signed a pre-injury release in order to skate and the skating rink used this pre-injury release as the basis for a motion for summary judgment.  Rather than risk the Court granting the motion for summary judgment, plaintiff elected to non-suit the case.  The statue of limitations has not expired so the plaintiff may re-file the suit later, but if so, will have to eventually face the pre-injury release obstacle in order to proceed with the claim.

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