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Alack v. Vic Tanny International of Missouri, Inc.

Supreme Court of Missouri

923 S.W.2d 330 (1996)

Relevant factsFree

Alack (plaintiff) signed a general exculpatory clause when joining Vic Tanny's health club (defendant), releasing the club from liability for damages, injuries, and claims, but the clause never specifically mentioned releasing the club from its own future negligence. Alack was later seriously injured when a gym machine malfunctioned, and at trial testified he understood the clause to cover only self-inflicted injuries from overexertion, not the club's own negligence; the jury awarded him damages, and the trial court denied Vic Tanny's motion for judgment notwithstanding the verdict.

IssueFree

Whether exculpatory clauses releasing a party from its own future negligence must be strictly construed against the party claiming their benefit.

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