DeCormier v. Harley-Davidson Motor Co. Group, Inc.
Annotate this CasePlaintiff was injured while participating in a motorcycle training course sponsored by Harley-Davidson Motor Company Group, Inc. (Harley-Davidson) and conducted by employees of Gateway Harley-Davidson (Gateway). Plaintiff filed a personal injury action against Harley-Davidson and Gateway (together, Defendants). Defendants moved for summary judgment on the basis of a liability release Plaintiff had signed before participating in the course. The circuit court sustained the motion for summary judgment and entered judgment in favor of Defendants. Plaintiff appealed, arguing that the liability release was unenforceable against claims of gross negligence or recklessness and that there was a genuine dispute as to whether Defendants were grossly negligent or reckless. The Supreme Court affirmed, holding that Plaintiff failed to show that a genuine dispute existed regarding whether Defendants acted in reckless disregard for Plaintiff’s safety, and therefore, whether the release was unenforceable.
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