Gross v. Sweet
New York Court of Appeals
400 N.E.2d 306 (1979)
Bruce Gross (plaintiff), who disclosed he had an orthopedic pin in his leg, signed up for skydiving lessons with William Sweet (defendant) and signed a release waiving "any and all claims" for injuries arising from learning, practicing, or jumping. After a short lesson, Gross was injured on his first practice jump and sued Sweet for negligence, breach of warranty, and gross negligence, alleging inadequate training, unsafe equipment, and FAA violations. The trial court granted Sweet summary judgment based on the release, but the appellate court reversed, and Sweet appealed further.
Whether an exculpatory clause must clearly and unambiguously express an intent to release liability for the releasee's own negligence in order to bar a negligence claim.