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Reardon v Windswept Farm

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In the recent case of Reardon v. Windswept Farm, LLC (9/29/2006), the Supreme Court of the State of Connecticut found that a release from liability for ordinary negligence arising out of the recreational activity of horseback riding violates public policy. This decision is contrary to a recent Hawaii Supreme Court decision. In holding that the Windswept Farm's release violated public policy, the Connecticut court reasoned that: (1) the Plaintiff was under the control of the Defendant; (2) there is a societal expectation that recreational activities performed under another party's control will be reasonably safe; (3) the Defendants had greater expertise and information concerning the dangers associated with horseback riding at their facility, and thus should bear the burden of removing or preventing such dangers; and (4) the release signed by the Plaintiff was a classic contract of adhesion. Hopefully, the decision makers of Hawaii will someday reverse their "anti-citizen"/"pro big business" course.

 

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Accident Lawyer Hawaii

William H. Lawson, Esq. and
Amy L. Woodward, Esq.

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

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Pearl City, Aiea and Waipahu:
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Game Truck Georgia was recently hit with a $4.7 million judgment for injuries arising out of a game of "bubble soccer". But this was after they had pleaded with their insurer to settle those same claims for a pretrial offer of $1 million - which was within their policy limits. Their insurer, Atlantic Specialty Insurance, declined those offers and forced the case to trial. Now the attorneys for Game Truck Georgia are chasing their own insurance company for its bad faith refusal to settle - a refusal which led to the insolvency and desctruction of their business.





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