Gross v. Sweet

400 N.E.2d 306 (1979)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P enrolled in Parachute Training School at a facility owned and operated by the D. Before enrollment, P told D that he had an orthopedic pin in his leg. P was accepted as a student and had to pay a fee and sign a release stating that he waived any and all claims for personal injuries or property damages that he might sustain and that he agreed to assume full responsibility for any damage he might do or cause while participating in the sport. P was then given the standard introductory lesson. The lesson was for one hour of on-land training, including oral instruction as well as several jumps off a two and a half foot table. P then was equipped with a parachute and flown to an altitude of 2,800 feet for his first practice jump. P suffered serious personal injuries. P sued for negligence, breach of warranty, and gross negligence. P also claimed D violated FAA rules for skydiving schools. D used the release as an affirmative defense and moved for summary judgment. The court agreed with D and P appealed. The appeals court reversed. The following question was certified by the Appellate Division: 'Was the order of this Court, which reinstated the complaint and granted plaintiff's motion to dismiss the affirmative defense of release, correct as a matter of law?'