Jordan v. Diamond Equipment & Supply Co.

Over the course of the last one hundred years, this court has crafted a consistent doctrine of disfavor for exculpatory clauses.1 In the most recent cases, the court has carved out limited exceptions to this general disfavor where the overall negative impact on public policy is mitigated. The majority opinion, while purportedly espousing the language in our long fine of cases that emphasizes the harmful nature of exculpatory contracts, effectively overrules those cases. The opinion takes a position that has far-reaching negative consequences for public policy, does not correctly apply our…