RICHARDS V. RICHARDS 513 N.W.2d 118 (1994) CASE BRIEF

RICHARDS V. RICHARDS

513 N.W.2d 118 (1994)

NATURE OF THE CASE: This was a dispute over an exculpatory contract. Richards (W) brought a cause of action to recover for injuries she sustained while riding in a truck owned by Richards (H), husband's employer and being operated by H. W sought review of an affirmation of summary judgment.

FACTS: Leo Richards (H) was hired by Monkem Co as a truck driver. W wanted to accompany H on his trips and Monkem agreed but wanted W to sign a form entitled 'Passenger Authorization.' The form acted as authorization to travel in the truck and also as a general release of all claims against Monkem. W signed the form and eventually an accident occurred and W was injured and sued H and Monkem. The lower courts upheld the exculpatory clause and W appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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