Sarah Gossow v. Sportera Events USA, Inc.

Summary

The United States District Court for the Southern District of Illinois denied Sportera Events USA, Inc.’s motion to dismiss Sarah Gossow’s negligence claim arising from the collapse of an inflatable obstacle at a MudGirl Run event. The court held that additional facts were necessary to determine whether the event waiver covered negligent construction or the collapse of an obstacle, and allowed the claim to proceed.

Holdings

1. The court could consider the waiver because it was integral to Plaintiff's complaint, notwithstanding that Plaintiff did not attach it to the amended complaint.
2. The waiver did not establish as a matter of law at the pleading stage that Plaintiff's negligence claim arising from the alleged negligent construction or collapse of the obstacle was within the scope of the release.

Questions Presented

1. Whether the court could consider the waiver attached to Defendant's motion to dismiss even though Plaintiff did not attach it to her amended complaint.
2. Whether the waiver's exculpatory and assumption-of-risk provisions clearly and foreseeably covered Plaintiff's negligence claims arising from the alleged negligent construction or collapse of an inflatable obstacle.

Disposition

other