Hinely v. Fla. Motorcycle Training Inc.

Decision Date13 May 2011
Docket NumberNo. 1D09–5009.,1D09–5009.
Citation70 So.3d 620
PartiesMary HINELY, Appellant,v.FLORIDA MOTORCYCLE TRAINING, INC., a Florida corporation, and School District of Alachua County, Appellees.
CourtFlorida District Court of Appeals

OPINION TEXT STARTS HERE

Tracy L. Markham of Avolio & Hanlon, P.C., St. Augustine; Bard D. Rockenbach and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, for Appellant.William T. Stone and Kansas R. Gooden of Boyd & Jenerette, P.A., Jacksonville, for Appellees.

Corrected Opinion

VAN NORTWICK, J.

Mary Hinely appeals a final summary judgment in her action against Florida Motorcycle Training, Inc. (FMT), seeking damages for injuries that she sustained in an accident in the motorcycle training school operated by FMT. The court granted summary judgment based upon FMT's affirmative defense that the exculpatory provisions contained within the registration application for FMT's motorcycle training school, which was completed and signed by Hinely, expressly waived and released FMT from any liability arising from the motorcycle training classes. Below and on appeal, Hinely has asserted that the exculpatory provisions are unenforceable because they are unclear and ambiguous and, alternatively, are void as against public policy. We affirm.

Hinely registered for a basic motorcycle riding course offered by FMT. Prior to enrolling in the course, Hinely printed and signed a registration application for the course from FMT's internet website. The application contained an exculpatory provision under the heading: “Waiver of Release of Liability—Please Read Carefully” (emphasis added). The first paragraph of this exculpatory provision states that the signer:

fully understand[s] and acknowledge[s] that: (a) risks and dangers exist in my use of motorcycle equipment and my participation in the Motorcycle Rider–Education Class activities; (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers of agents of Florida Motorcycle Training.... I hereby assume all risks and dangers and all responsibilities for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Florida Motorcycle Training, Inc. or by another other person.

The second paragraph of the provision is a release and waiver of liability which states:

I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Florida Motorcycle Training. Inc. and its owners, agents, officers, and employees from any and all claims, suits or causes of action for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of motorcycles and motorcycle equipment or my participation in the Motorcycle Rider Education Class activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by Florida Motorcycle Training. Inc. and its owners, agents, officers or employees.

Finally, the exculpatory provision includes the following paragraph in capitalized and bold typeface immediately above Hinely's signature:

I HAVE READ THE ABOVE WAIVER OR RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE FLORIDA MOTORCYCLE TRAINING, INC. FROM LIABILITY FOR PERSONAL LIABILITY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

Subsequently, Hinely was involved in an accident while participating in the FMT motorcycle class. Hinely filed an action against FMT alleging several theories of negligence, including negligent operation of a motorcycle training school, negligent selection of a course location and negligent supervision. 1 As an affirmative defense, FMT asserted that, by signing the registration application with the exculpatory provision, Hinely expressly waived and released it from any liability. In her reply to FMT's answer and affirmative defenses, Hinely asserted that the exculpatory provisions she signed are unenforceable because they are unclear and ambiguous and that the exculpatory provisions are void as against public policy.

FMT filed a motion for summary judgment arguing that the exculpatory provision signed by Hinely shielded FMT from liability for the accident. Following a hearing, the court granted FMT's motion for final summary judgment. Hinely's motion for rehearing, arguing that the court failed to consider the public policy implications of the release, was denied. This appeal followed.

A motion for summary judgment should be granted if the movant conclusively demonstrates that there are no genuine issues of material fact. See Cox v. CSX Intermodal, Inc., 732 So.2d 1092, 1095–96 (Fla. 1st DCA 1999). As we have stated, [w]here the determination of the issues of a lawsuit depends upon the construction of a written instrument and the legal effect to be drawn therefrom, the question at issue is essentially one of law only and determinable by entry of summary judgment.” Id. at 1096 (quoting Angell v. Don Jones Ins. Agency, Inc., 620 So.2d 1012, 1014 (Fla. 2d DCA 1993)). In such case, “an appellate court is not restricted in its ability to reassess the meaning and effect of a written instrument to reach a conclusion contrary to that of the trial court.” Cox, id. (quoting Angell, 620 So.2d at 1014). Because the issue before us is simply a matter of law, our standard of review is de novo. AMEC Civil, LLC. v. State Dept. of Transp. 41 So.3d 235, 238 (Fla. 1st DCA 2010).

Exculpatory clauses “are enforceable only where and to the extent that the intention to be relieved was made clear and unequivocal in the contract, and the wording must be so clear and understandable that an ordinary and knowledgeable party will know what he is contracting away.” Southworth & McGill, P.A. v. S. Bell Tel. & Tel. Co., 580 So.2d 628, 634 (Fla. 1st DCA 1991). A provision in a contract is ambiguous when it is of uncertain meaning, and thus may be fairly understood in more ways than one. See Tatman v. Space Coast Kennel Club, Inc., 27 So.3d 108, 110 (Fla. 5th DCA 2009). As such, a contract must be construed in accordance with the plain meaning of its terms. See Hand v. Grow Constr. Inc., 983 So.2d 684, 686 (Fla. 1st DCA 2008).

We disagree with Hinely's contention that the exculpatory provision in question is unclear and ambiguous. Although Hinely asserts that the typographical error in the provision's heading (“Waiver of Release of Liability”) may lead a person to understand the provision in more ways than one, it is obvious from a reading of the exculpatory provision as a whole that the provision was plainly intended to relieve FMT of liability for negligence associated with the motorcycle training classes. Moreover, the headings or subheadings of a document do not dictate the meaning of the entire agreement, especially where the literal language of the heading is contrary to the agreement's overall scheme. See, e.g., Moore v. State Farm Mut. Auto. Ins. Co., 916 So.2d 871, 875 (Fla. 2d DCA 2005) ([T]he intention of the parties must be determined from an examination of the entire contract and not from separate phrases or paragraphs.”); see also Imation Corp. v. Koninklijke Philips Electronics N.V., 586 F.3d 980, 987 n. 3 (Fed.Cir.2009) (This court is unwilling to resolve a pivotal issue of...

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