Littlefield v. Schaefer

in which PHILLIPS, Chief Justice, GONZALEZ, HECHT, SPECTOR and OWEN, Justices, join.

In this case, we consider whether a six-paragraph release printed in minuscule typeface on the front of a one-page “Release and Entry Form” for motorcycle racing satisfies the fair notice requirement of conspieuousness. The trial court enforced the release and granted summary judgment against the plaintiffs, survivors of the deceased motorcycle racer who signed the release. The court of appeals affirmed. Because the release is not conspicuous, we reverse the judgment of the court of appeals and remand the case…