Vergano v. Facility Management of Missouri, Inc.
| Decision Date | 24 January 1995 |
| Docket Number | No. 66509,66509 |
| Citation | 895 S.W.2d 126 |
| Parties | Patty Nolan VERGANO, Appellant, v. FACILITY MANAGEMENT OF MISSOURI, INC., Respondent. |
| Court | Missouri Court of Appeals |
Stuart Cofman, St. Louis, Michael A. Gross, St. Louis, for appellant.
Michael W. Silvey, Terrance J. Good, Lashly & Baer, P.C., St. Louis, for respondent.
The trial court granted defendant, Facility Management of Missouri, Inc., (FFMI), a Missouri corporation, summary judgment on Patty Nolan Vergano's claim for personal injuries. She fell and injured her knee participating in an ice skating party at the St. Louis Arena after attending a St. Louis Blues professional hockey game. FFMI operated the Arena on the date of injury, February 10, 1990. Vergano claimed negligence in failing to maintain or repair the ice. FFMI claimed a general release barred her claim. The court enforced the release. The narrow question is whether the relevant provisions of the release Vergano signed as a condition for permission to skate bar her claim for personal injuries. Those provisions are:
GENERAL RELEASE
This General Release of 2-10-90 ...
In consideration of being permitted to participate in [skating] at the Saint Louis Arena, ... I for myself and personal representatives,.... release, waive, discharge and covenant not to sue Facility Management of Missouri, Inc., [and others] from all liability ... on account of injury to the person or property of the undersigned, caused by the negligence of Management while the undersigned is participating in Skating and all events and activities in connection herewith.
* * * * * *
The undersigned hereby expressly agrees that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Missouri and that is any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The undersigned, being of lawful age, do for my, ... hereby release and forever discharge Management, their successors and assigns, of and from any and every claim, demand, action or right of action, of whatsoever kind of nature, arising from or by reason of any bodily injury ... which may occur as a result of my participation in the Skating and all events and activities in connection therewith.
The undersigns [sic] further states that he/she has carefully read the foregoing General Release, knows the contents thereof and has signed this General Release as his/her own free act.
* * * * * *
/s/ Patty Nolan
We review in accord with ITT Commercial Finance Corporation v. Mid-America Marine Supply Corporation, 854 S.W.2d 371, 376 (Mo. banc 1993). Vergano agrees she knowingly signed the release and delivered it to an employee of FFMI. She understood everyone must sign a release before acquiring permission to skate on Arena ice. The parties agree a release of liability from the consequences of ordinary negligence is enforceable. Haines v. St. Charles Speedway, Inc., 874 F.2d 572, 575 (8th Cir.1989) was cited by both parties in support of that rule. Accordingly, Vergano must be able to prove some invalidity of the release in order to maintain her suit, Landmark North County Bank v. National Cable Training Centers, Inc., 738 S.W.2d 886, 890 (Mo.App.1987), or, in a summary judgment case, prove the release agreement should not be enforced by its terms, as a matter of law. See Estrin Construction Company, Inc. v. Aetna Casualty & Surety Company, 612 S.W.2d 413 (Mo.App.1981).
In Estrin, the court determined an insurance contract did not provide coverage for a claimed loss in a suit brought by its insured. It...
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