McKinney v. Castleman

Plaintiff sued Salvation Army and its director of operations for injuries sustained in fall from ladder during work therapy tasks as part of his rehabilitation program. Court properly entered summary judgment for Defendants, as exculpatory clause of Plaintiff's program admittance statement was agreement to waiver of liability for claims during residency. Statement adequately put Plaintiff on notice that program involved risk of injury, and clause was unambiguous and covered any injury incurred during program; and injury was not so unforeseeable that exculpatory agreement should not be enforced. (TURNER and STEIGMANN, concurring.)