Hyson v. White Water Mountain Resorts of CT part 2
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Plaintiff claims that the form does not prevent her recovery for 2 reasons: 1.) the release does not relieve the defendant of liability because the negligence is not expressly mentioned in the document
2.) the enforcement of an agreement that purports to release a party from liability for its prospective negligence is contrary to public policy (not everything can be on a release form)
The judge agrees with both claims because the release signed by the plaintiff in this case did not expressly provide that, by signing it, she released the defendant from liability for damages resulting from its negligence, the plaintiff is permitted to sue the defendant.
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