Thompson v. Hi Tech Motor Sports, Inc.

¶ 1. After injuring herself during a test drive on one of defendant’s motorcycles, plaintiff sued defendant for negligence. The trial court granted plaintiff partial summary judgment, concluding that the release plaintiff signed was contrary to public policy and therefore void as a matter of law. On interlocutory appeal, we conclude that the waiver is not void for public policy as a matter of law, but that the exculpatory clause does not release defendant for claims caused by its own negligence, and remand.

¶ 2. The following facts are undisputed for purposes of summary judgment. In May 2003,…