• Plaintiff’s Signature on the Incorrect Line of a Release Document Does Not Make It Invalid.
  • October 11, 2017
  • The plaintiff was injured at the gym when the rubber grip of a pull-up bar detached. He brought suit against the fitness club, alleging its negligence caused his injuries. The fitness club filed a motion for judgment on the pleadings on the basis that the plaintiff’s signed membership agreement included a release precluding recovery, even if caused by the club’s own negligence. The plaintiff argued that the release portion of the membership agreement was invalid because he signed on the “Legal Guardian” line instead of the “Member Signature” line. The court rejected his argument. Citing the Delaware Supreme Court’s 2016 decision in Ketler v. PFPA, the court granted the club’s motion, finding that the release was clear, not unconscionable, and not against public policy.