Bodyslimmer, Inc. v. Sanford

Pope, Judge.

Appellant/defendant BodySlimmer, Inc., appeals from the grant of appellee/plaintiff Suzanne Sanford’s motion for partial declaratory judgment which, in effect, was a motion for partial summary judgment on the effectiveness of a release signed by Sanford purporting to exculpate BodySlimmer from damages for negligence. The trial court found that the release was ambiguous and therefore was not a bar to Sanford’s action for negligence. The trial court further found that the release was void as against public policy.

The pertinent facts of this case are as follows: Sanford went to…