Last month, a state appellate court issued an opinion in a Florida wrongful death case discussing the permissible scope of a liability release waiver and whether such a waiver can prevent a plaintiff from pursuing a claim of gross negligence against a defendant. Ultimately, the court concluded that the plaintiff’s case should proceed because the waiver signed by the plaintiff did not include the waiver of claims based on the defendant’s gross negligence.
The Facts of the Case
According to the court’s opinion, the plaintiff was killed when she was run over by a tow-truck on the Daytona International Speedway. Apparently, the plaintiff was standing in a restricted-access area when two employees of the raceway instructed the tow-truck driver to back the truck into the restricted area. As the truck was backing up, it ran over the plaintiff.
Before the plaintiff entered the raceway, she signed a release and waiver of liability. The waiver stated that the plaintiff agreed to “release, waive and discharge” the defendant “for any and all loss or damage” resulting in injury or death. The agreement stated that it applied to “all acts of negligence.”