Wood Smith Henning & Berman secured summary judgment on behalf of a national trampoline park client in a negligence and recklessness action in Montgomery County, Pennsylvania. The court dismissed the action in full, expressly finding that the exculpatory provision in the participation agreement the plaintiff signed before entering the park was valid and enforceable.

Partner Maureen McCotter and Associate Maddie Goldman prepared the motion for summary judgment, and McCotter presented oral argument. Their defense combined a detailed factual record with arguments supporting enforcement of the participation agreement and challenging the plaintiff's allegations of reckless conduct.

The lawsuit arose from an incident in which the plaintiff sustained injuries after jumping onto the metal frame of a trampoline adjacent to the park's foam pit. The plaintiff argued that the participation agreement could not bar his claims because the park acted recklessly in its use of padding over the metal frame and allegedly failed to properly inspect and maintain the padding.

The defense challenged those allegations on both factual and legal grounds, presenting hundreds of pages of maintenance and inspection records produced during discovery. Those records supported the defense's position that the plaintiff could not avoid enforcement of the agreement by baselessly characterizing the park's conduct as reckless.

With the case otherwise headed for a Montgomery County jury, the court granted the defense motion in full. The ruling resolved all claims against the client and expressly upheld the validity and enforceability of the agreement's exculpatory provision.

"The inspection and maintenance records were central to addressing the plaintiff's allegations of recklessness," said McCotter. "By placing that evidence before the court alongside the participation agreement, we established the factual and legal grounds for a complete dismissal."

The result reflects the team's thorough development of the evidentiary record and effective use of that record to secure a dispositive ruling before trial.

Wood Smith Henning & Berman: Your Trusted Partner

Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.

At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.

Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.

Logo Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek