memo for motion against summary judgment :: essays research papers

I.Introduction and Standard for Opposition to succinct JudgmentCrowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively Crowell) were grossly negligent and used willful actus reus in their responsibilities involving the fence in floor show. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowells negligence. Lastly, the justificatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to catch if the exonerative clause is unenforceable. As such, in that respect is a dispute as to the genuine issue of material fact related to Crowells Answer, Crowell crapper be liable to Lajauna Barnett for negligence, and Crowell is not entitled to Summary Judgment as a question of law. Summary Judgment should be granted whole upon a showing that there is no genuine issue as to any material fact. Firemans Fund Ins. Co. v. Rair igh, 59 Md. App. 305, 313, cert. denied, 301 Md. 176 (1984). If there is a conflict between the inferences which may be drawn from the enjoin before the court, summary judgment is not proper. Boucher v. Riner, 68 Md. App. 539, 543 (1986) (quoting Coffey v. Derby trade name Co., 291 Md. 241, 246-247 (1981)). Unless the facts are so clear as to permit a coating as a matter of law, it is for the trier of fact to determine whether a defendants negligent conduct amounts to gross negligence. Jacob v. Davis, 128 Md.App. 433, 465 (1999) (quoting Artis v. Cyphers, 100 Md.App. 633, 652 (1994)). Generally, exculpatory agreements otherwise valid are not construed to cover the more peak forms of negligence-wilful, wanton, reckless, or gross. Winterstein v. Wilcom, 16 Md.App. 130, 136 (1972).II. Statement of Undisputed Material Facts1.Defendant Arturo Gomez is the fencing coach at Crowell and at all times relevant to this matter acted as Crowells servant. 2.Crowell fork outs weapons and elec tronic scoring devices for club members club members provide their own protective equipment, including mask, glove, jacket, and plastron.3.In the fencing Club meeting anterior to October 16, 2001, Gomez instructed team members in footwork preparatory to allowing them to handle weapons4.In the October 16, 2001 club meeting, Gomez instructed club members to don their protective equipment for their initial experience with using their weapons.5.Plaintiffs nerve was severed under her left arm when an epee sliced with plaintiffs jacket. 6.Plaintiff had put the plastron on her right arm.