ALACK v. VIC TANNY INTERN. OF MISSOURI, INC.

No. 78423.

923 S.W.2d 330 (1996)

Charles ALACK, Respondent/Cross-Appellant, v. VIC TANNY INTERNATIONAL OF MISSOURI, INC., et al., Appellants/Cross-Respondents.

Supreme Court of Missouri, En Banc.

May 28, 1996.


Attorney(s) appearing for the Case

Anthony J. Sestric, St. Louis, for Appellants/Cross Respondents.

James D. Ross, St. Louis, for Respondent/Cross-Appellant.


PRICE, Justice.

Plaintiff was injured while using health club facilities. He had signed a two-page, seventeen-paragraph "Retail Installment Contract" containing a general exculpatory clause. The clause, however, did not expressly release the health club from injuries resulting from its own negligence. The trial court ruled that the exculpatory clause did not bar plaintiff's negligence action as a matter of law, but the trial court allowed the contract as evidence...

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