In a recent decision, the California Court of Appeal upheld a judgment in favor of the defendants after the plaintiff alleged that their negligence had caused his injuries, but he failed to meet his burden of proof. After suffering injuries while participating in a class on motorcycle basic rider training offered by the Motorcycle Safety Foundation, the plaintiff brought a lawsuit for negligence against another participant, as well as the Foundation. The appellate court reviewed the evidence supporting the lower court’s decision to grant the defendants’ motion for summary judgment in this California motorcycle accident case.
The facts indicate that the plaintiff had signed a form, titled “Waiver and Indemnification,” for the course. His complaint against the defendants alleged negligence, gross negligence, and negligent training and supervision. The defendants moved for summary judgment and asserted the waiver the plaintiff signed barred his causes of action.
The plaintiff contended that his gross negligence cause of action remained, and he also contended the waiver was not enforceable because of fraud. The trial court agreed that the plaintiff had not shown evidence of gross negligence and had not demonstrated the waiver should be void. The plaintiff appealed.