Rob Blank Wins Final Summary Judgment in Exculpatory Clause Case
Rob Blank Wins Final Summary Judgment in Exculpatory Clause Case
RumbergerKirk attorney Rob Blank represented Defendant Sea World of Florida LLC (“Sea World”) in a personal injury lawsuit. While visiting Sea World, Plaintiff Emma McKnight rented an Electric Convenience Vehicle (“ECV”) to tour the park. Before she received the key to the ECV, Plaintiff signed a Release, Waiver and Indemnity Agreement in connection with the ECV. After touring the park for several hours, Ms. McKnight was injured while using the ECV.
Blank argued the exculpatory clause in the release contained clear and unambiguous language waiving Plaintiff’s right to bring this case. Because a clear and unequivocal pre-injury release is valid and enforceable under Florida law, Blank contended the Court should enter a final summary judgment in favor of Sea World. Orange County Circuit Court Judge Lisa Munyon agreed, finding the release signed by Plaintiff barred her lawsuit against Sea World. Judge Munyon therefore granted Sea World’s Motion for Final Summary Judgment and entered a Final Judgment in favor of Sea World.