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Plaintiff’s signature on the incorrect line of a release document does not make it invalid.

October 1, 2017
Mackenson v. Michael Anthony and RB Gyms, Inc. 2017 Del. Super. LEXIS 294 (Del. Super. Ct. Jun. 19, 2017)

The plaintiff was injured at the gym when the rubber grip of a pull-up bar detached. He brought suit against the fitness club, alleging its negligence caused his injuries. The fitness club filed a motion for judgment on the pleadings on the basis that the plaintiff’s signed membership agreement included a release precluding recovery, even if caused by the club’s own negligence. The plaintiff argued that the release portion of the membership agreement was invalid because he signed on the “Legal Guardian” line instead of the “Member Signature” line. The court rejected his argument. Citing the Delaware Supreme Court’s 2016 decision in Ketler v. PFPA, the court granted the club’s motion, finding that the release was clear, not unconscionable, and not against public policy.

Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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