Nissley v. Candytown Motorcycle Club, Inc

In Nissley v. Candytown Motorcycle Club, Inc., 2006 PA Super 349, 913 A.2d 887, 889-890 (Pa. Super. 2006), the plaintiff brought a personal injury negligence action against the motorcycle club. Plaintiff, a member of the club since 1998, signed a release and indemnity agreement. In 2003, plaintiff went to the club's track to ride his motorcycle. While there, two individuals were maintaining the track with a tractor and backhoe and plaintiff passed by them ten to twenty times. For part of the day, a flag man directed riders around the equipment. Subsequently, the plaintiff then rode off a jump and collided with the tractor. No flag man was being utilized at the time and the tractor was hidden behind the jump and could not be seen until the plaintiff was airborne. The trial court granted the club's motion for summary judgment on the basis that the negligence claim was barred by the exculpatory clause signed by the plaintiff. On appeal, the Superior Court affirmed. The court held that the language of the release was not ambiguous and demonstrated the clear intention to release all claims for injuries sustained while participating in the relevant activity. There was no ambiguity in the statement "I herby give up all my rights to sue or make claim." The exculpatory clause explicitly stated that the signer was giving up all rights to sue, and a reasonable person would have understood he was waiving all rights to bring a claim.