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May 04, 2006 -
Summary Judgment for Triathalon Organizer Roberti v. Fiske Independent Race Management SRBC has obtained summary judgment in favor of its client, a distinguished multi-sport event organizer, on claims brought by an athlete who suffered catastrophic personal injuries when his bicycle was struck by an automobile during the cycling portion of a triathlon. The competitor had executed a pre-event release, which prevented him from pursuing claims for ordinary negligence, but argued that he was entitled to present his claims to a jury because he had produced evidence sufficient to establish a prima facie case of gross negligence, which was not barred by the release. In support of this claim, the competitor produced an affidavit from an expert criticizing several aspects of the cycling course, including the fact that it was open to vehicular traffic and no traffic control personnel had been posted at the intersection where the accident occurred. Emphasizing the extensive efforts undertaken by the organizer to produce a safe event as well as opinions from its own experts that open-course events are a normal, accepted practice throughout the industry and that there was no indication that traffic control personnel were necessary at the intersection in question, SRBC argued that any alleged error on the part of the organizer did not rise to the level of gross negligence. The trial court agreed, and entered summary judgment in favor of the organizer.
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