The plaintiff suffered a torn ACL and MCL while playing dodgeball trampoline at Skyzone. She sued Skyzone for damages. Skyzone moved for summary judgment based on the terms of a waiver and release of liability signed by the plaintiff. Justice Myers held that the waiver specifically applied to the claims made against Skyzone, and dismissed the plaintiff’s action. The plaintiff’s evidence in this case was that she did not read the waiver. Justice Myers noted that there is no obligation on a defendant to ensure that the plaintiff has read an agreement she voluntarily signed.
There was no indication that the defendant ought reasonably to have known that the plaintiff was not consenting to the terms that she signed. The waiver emphasized the onerous provisions and directed the reader to read them carefully. It also required the plaintiff to touch her finger to a box next to each of the two key paragraphs to enter a checkmark beside the words “I agree”.
Justice Myers found that the waiver itself was explicit, and that it was brought to the attention of the signor explicitly.