Ken Amos and Kory Watson (St. Petersburg, FL) (Premises Liability) obtained a summary judgment in the case Kandy Magnotti v. Lakewood Ranch Trampoline Sports Center LLC d/b/a Jumpin’ Fun Sports and Brett Morrow.
Plaintiff filed a lawsuit based on allegations that she was injured after she was struck in the head by a basketball while standing in an observation area of the indoor trampoline sports center. Plaintiff complained the Defendants were negligent in the design and operation of a trampoline basketball dunk pit near an observation area. Plaintiff alleged the safety netting was not high enough to prevent basketballs from bouncing out of the basketball dunk pit area. Plaintiff allegedly suffered a concussion and a cervical spine injury causing numbness and tingling down her right arm, for which she was recommended to undergo a three level anterior discectomy with interbody fusion and plate and screw stabilization.
Prior to entering the trampoline sports center, Plaintiff was required to complete a liability waiver. Defendants produced the electronic waiver printout sheet containing Plaintiff’s birthdate and driver’s license number as evidence of Plaintiff’s acceptance of the terms of the liability waiver prior to her injury. Plaintiff testified at her deposition that she did not recall or remember the liability waiver whatsoever. Plaintiff did not deny accepting the liability waiver agreement. Defendant owner testified to first hand observations of the Plaintiff working through and accepting the liability waiver on a computer kiosk in the lobby of the trampoline sports center. We moved for summary judgment by arguing there was no issue of material fact that Plaintiff accepted the terms of the liability waiver, and that the terms of the liability waiver were clear and unambiguous requiring enforcement as a matter of law. The judge agreed and granted our motion for summary judgment.