Carrion v. Smokey, Inc., 65236

Decision Date02 December 1982
Docket NumberNo. 65236,65236
Citation298 S.E.2d 584,164 Ga.App. 790
PartiesCARRION v. SMOKEY, INC.
CourtGeorgia Court of Appeals

Frank P. Samford, III, Decatur, for appellant.

Charles J. Vrono, Forest Park, for appellee.

BANKE, Judge.

The plaintiff was injured after falling from a horse he had rented from defendant's Pine Tree Stables. He instituted this suit for damages, alleging that defendant's employee saddled the horse in a negligent manner. The trial court granted summary judgment to the defendant based on a "waiver and indemnification agreement" signed by the plaintiff before his ride and fall. In an affidavit filed in opposition to the motion for summary judgment, the plaintiff admitted signing the document but denied that he had read it. Held:

"The general rule in Georgia is that a contractual waiver of liability for simple negligence is valid, the exception being where the waiver violates public policy. 'A contract cannot be said to be contrary to public policy unless the General Assembly has declared it to be so, or unless the consideration of the contract is contrary to good morals and contrary to law, or unless the contract is entered into for the purpose of effecting an illegal or immoral agreement or doing something which is in violation of the law.' [Cits.] The General Assembly has enacted no statute which either expressly or impliedly forbids contractual waivers of liability by participants in sporting or recreational events." Williams v. Cox Enterprises, Inc., 159 Ga.App. 333, 334, 283 S.E.2d 367 (1981). "One signing a written document without reading it, unless prevented from doing so by fraud or artifice (a fact not shown to be true in this case), is chargeable with knowledge of its contents. [Cits.]" Woodstock Village v. Fowler, 154 Ga.App. 82, 88, 267 S.E.2d 558 (1980).

Judgment affirmed.

McMURRAY, P.J., and BIRDSONG, J., concur.

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7 cases
  • Smith v. Adventure Air Sports Kennesaw, LLC
    • United States
    • Georgia Court of Appeals
    • October 6, 2020
    ...the General Assembly established a clear public policy in favor of arbitration." (punctuation omitted)); Carrion v. Smokey, Inc. , 164 Ga. App. 790, 790, 298 S.E.2d 584 (1982) ("The General Assembly has enacted no statute which either expressly or impliedly forbids contractual waivers of li......
  • Hall v. Skate Escape, Ltd.
    • United States
    • Georgia Court of Appeals
    • June 8, 1984
    ...Co., 117 Ga.App. 771, 772, 162 S.E.2d 14; Mossie v. Pilgrim Self-Service etc., 150 Ga.App. 715, 716, 258 S.E.2d 548; Carrion v. Smokey, Inc., 164 Ga.App. 790, 298 S.E.2d 584. Exculpatory clauses in contracts, in their broadest sense, may be categorized as covenants not to sue, releases, and......
  • Lovelace v. Figure Salon, Inc.
    • United States
    • Georgia Court of Appeals
    • May 7, 1986
    ...public policy. Hall, supra at 857, 332 S.E.2d 3; Hall v. Skate Escape, 171 Ga.App. 178, 179, 319 S.E.2d 67; Carrion v. Smokey, Inc., 164 Ga.App. 790, 298 S.E.2d 584. The exculpatory clause in the instant contract contains an assumption of risk clause (Kitchens v. Winter Co. Bldrs., 161 Ga.A......
  • National Candy Wholesalers, Inc. v. Chipurnoi, Inc., 73200
    • United States
    • Georgia Court of Appeals
    • October 23, 1986
    ...a contractual waiver of liability for simple negligence is valid in the absence of a violation of public policy. Carrion v. Smokey, Inc., 164 Ga.App. 790, 298 S.E.2d 584. NCW also extends its argument beyond the contention that a construction contract is not involved. It further argues the ......
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1 books & journal articles
  • Could the Rise of Dockless Scooters Change Contract Law?
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 71-2, February 2020
    • Invalid date
    ...Id. at 595, 826 S.E.2d at 396.48. Id. at 595-96, 826 S.E.2d at 396.49. Id.50. Id.at 597, 826 S.E.2d at 397. 51. Carrion v. Smokey, Inc., 164 Ga. App. 790, 790, 298 S.E.2d 584, 584-85 (1982).52. Id.53. Warren Averett, LLC v. Landcastle Acquisition Corporation, 349 Ga. App. 479, 825 S.E.2d 86......

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