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Riddle v. Universal Sport Camp

Court of Appeals of Kansas
786 P.2d 641 (1990)


Facts

For the second consecutive year, Theresa Riddle (plaintiff), a cheerleader for Kansas State University, attended a cheerleading camp in Memphis, Tennessee, organized by Universal Sport Camp (USC), doing business as Universal Cheerleading Association (defendant). Riddle was required to sign a release acknowledging that she assumed the risk of injury by participating in the camp. During a maneuver, Riddle fell 15 feet to the ground and injured her face and back. USC employees told Riddle that she had likely hyperextended her back, but they did not recommend that she seek medical treatment. Riddle continued her participation in the camp’s activities despite pain and back spasms. Three days later, Riddle consulted a physician who diagnosed her with a fractured vertebra. Riddle received injections, medication, and physical therapy for her pain. Riddle filed a negligence suit against USC. The trial court applied Tennessee law in upholding the validity of USC’s exculpatory release form and granted summary judgment in favor of the defendants. The trial court noted that Tennessee is among the jurisdictions that do not strictly construe exculpatory contracts against the party acting in reliance on the contract. Riddle appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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