LOPATOFSKY v. RESORT TRANSPORTATION, INC.


1995 Mass. App. Div. 133 (1995)

Janet C. Lopatofsky v. Resort Transportation, Inc.

Massachusetts Appellate Division, Southern District.

October 17, 1995.


Attorney(s) appearing for the Case

Steven S. DeYoung for the plaintiff.

Edward Notis-McConarty for the defendant.

Present: Martin, P.J., Welsh & Aguiar, JJ.


Aguiar, J.

This appeal raises the issue of whether the court erred in granting plaintiff a judgment on implied warranty when the plaintiff signed a release of liability. We find no error.

This action stems from personal injuries the plaintiff suffered when she fell to the ground as a result of a pedal breaking on a bicycle that she had rented from the defendant. The plaintiff signed a contract disclaimer when she rented the bicycle. The contract signed by...

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