Hackett v. Grand Seas Resort Owner's Ass'n

The sole issue in this appeal is whether the trial court erred in granting a final summary judgment in favor of Grand Seas Resort Owner’s Association, Inc. (“Grand Seas”) in a negligence action brought by one of the time-share owners at the resort, Richard Hackett. The summary judgment was based on a “release” (actually an exculpatory clause), executed by Mr. Hackett when he began use of a unit within the resort. Because the clause is ambiguous, however, we reverse.

Grand Seas is the unit owners’ association for a condominium. Mr. Hackett alleges that while sitting in a chair located on the…