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Posts by William Thomas

Release, Waiver, and Assumption of Risk for Cycling Incident – Summary Judgment Affirmed

Pitzer Snodgrass Lawyers: Peter Dunne and Bob Plunkert

Our Client: City of Chesterfield, Missouri

Venue: St. Louis County Circuit Court, appeal to Missouri Court of Appeals for the Eastern District

Plaintiff Steven Glazer filed a personal injury case in St. Louis County Circuit Court alleging the City of Chesterfield was negligent regarding alleged surface hazards on the roadway during a Pedal for the Cause event.  The Plaintiff executed a one-page “Waiver” before the event, which provided the following: Read more

Limitation of Liability Clauses in Construction Contracts – Is Mine Enforceable?

On June 16, 1887, 150 years ago, Mr. Frank Primrose walked into the Philadelphia Western Union office with an encoded message for his agent dispatched to Ellis, Kansas to purchase wool. The message was sent, but no reply message was asked for, or paid for. Instead of sitting tight for further word, (because Primrose had just purchased all the wool he needed), his agent began to buy up all the wool he could, assuming those were his instructions. However, Western Union made a mistake in transcribing only one letter of the message, which made a huge difference in the content of the code they were using. All of this cost Mr. Primrose $20,000.00, a handsome sum in those times, and he sued Western Union for their mistake. Read more