Barnes v. Crystal Plaza

By JUDGE WILLIAM L. WINSTON

This case is before the Court on the Defendants’ Motion for Summary Judgment under Rule 3:18. The parties have agreed that consideration may be given to the Plaintiff’s deposition taken on February 8, 1977. Pages 18 through 24 of the deposition were read.

Generally speaking when a patron signs an agreement exempting an amusement facility from liability for negligence, no action will lie. See the annotation in 8 A.L.R.3d 1393. Exceptions to the rule allowing enforcement of exculpatory agreements involve infants, the employer-employee relationship, and common carriers…