Logourl black
From our private database of 14,200+ case briefs...

Hojnowski v. Van Skate Park

Supreme Court of New Jersey
901 A.2d 381 (2006)


Facts

Twelve-year-old Andrew Hojnowski (plaintiff) went with his mother to a skate park operated by Vans (defendant), a skateboard retailer. Before Hojnowski was permitted to enter the skate park, Vans required his mother to sign a release. The release contained a requirement to arbitrate any claims of injury and a waiver of the right to seek damages if injured by Vans’s negligence. Hojnowski fractured his femur at the skate park when another skateboarder aggressively forced Hojnowski off a ramp. Prior to the accident, Hojnowski’s parents had complained to Vans about the aggressive skateboarder. Hojnowski sued Vans for negligence in its failure to supervise the skate park and its participants. In response, Vans filed a demand for arbitration. Hojnowski filed a motion to invalidate the pre-injury release that Hojnowski’s mother had signed, while Vans cross-moved for summary judgment. The trial court granted Vans’s motion for summary judgment, dismissing Hojnowski’s complaint and ordering arbitration. The trial court declined to rule on Hojnowski’s motion to invalidate the pre-injury release, leaving that issue to be determined in arbitration. Hojnowski appealed. The appeals court affirmed the validity of the arbitration clause but held that the pre-injury release was invalid. Hojnowski appealed the affirmation of the arbitration clause, and Vans appealed the invalidation of the pre-injury release.

Rule of Law

Issue

Holding and Reasoning (Zazzali, J.)

Dissent (LaVecchia, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.