VODOPEST v. MacGREGOR

No. 62553-1.

128 Wn.2d 840 (1996)

913 P.2d 779

PATRICIA VODOPEST, Petitioner, v. ROSEMARY MacGREGOR, Respondent.

The Supreme Court of Washington, En Banc.

March 28, 1996.


Attorney(s) appearing for the Case

Schroeter, Goldmark & Bender, P.S., by William J. Rutzick, for petitioner.

Kraft, Kimbrough & Ganz, by Joseph J. Ganz, for respondent.

Bryan P. Harnetiaux, Gary N. Bloom, and Debra L. Stephens on behalf of Washington State Trial Lawyers Association, amicus curiae.


GUY, J.

This case involves a summary judgment which dismissed a negligence action based on an exculpatory clause in a preinjury release. We are faced with the question whether preinjury releases which bar a cause of action for negligence in the context of a medical research project violate public policy.

FACTS

Both the Plaintiff and the Defendant are nurses and mountain trekkers. In the fall of 1989, Patricia Vodopest (Plaintiff) read an article...

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