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Reed v. University of North Dakota and The North Dakota Association for the Disabled, Inc.
Supreme Court of North Dakota
589 N.W.2d 880 (1999)
Jace Reed (Reed) (plaintiff) played hockey for the University of North Dakota (UND) (defendant). During preseason training, Reed participated in a race sponsored by the North Dakota Association for the Disabled (NDAD) (defendant). Prior to the race, Reed signed a waiver, which stated that Reed would assume responsibility for any injury he may sustain. The waiver was a part of the registration form. Reed was injured while running, and he sued UND and NDAD for negligence. NDAD defended by alleging that the waiver exonerated NDAD from liability. NDAD motioned for summary judgment, and the trial court granted the motion. Reed appealed on the grounds that the waiver was not supported by consideration.
Rule of Law
Holding and Reasoning (Maring, J.)
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