[Download] "Cash v. Street & Trail" by Court of Appeals of Georgia * eBook PDF Kindle ePub Free
eBook details
- Title: Cash v. Street & Trail
- Author : Court of Appeals of Georgia
- Release Date : January 21, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This appeal is from the grant of a summary judgment in favor of the appellee, defendant below. The facts giving rise to this
controversy reflect that the appellee, Street & Trail, Inc., was a corporate business selling motorcycles and similar
vehicles to the public. On August 14, 1972, appellant Cash, plaintiff below, went to appellee's premises for the purpose of
obtaining a demonstration ride on a cross country, medium-powered motorcycle. A salesman and agent for appellee informed appellant
there were no cross country motorcycles of the kind sought by appellant available for examination and demonstration. Further
inquiry by appellant disclosed that appellee had available a more powerful racing motorcycle. Appellant indicated an interest
in examining that vehicle and taking a demonstration ride thereon. Appellee's salesman made careful inquiry of appellant if
appellant was familiar with the more powerful motorcycle and if he had ever ridden one. Upon assuring the salesman of his
familiarity with the particular model involved and his desire to ride one, the salesman caused a motorcycle of the more powerful
type to be prepared for a demonstration ride. Prior to allowing appellant to ride the motorcycle, appellee presented to and
caused appellant to sign a "waiver of liability." That document as signed by appellant provided in pertinent part that appellant
" . . . for the sole consideration of Street and Trail, Inc., allowing me to examine and ride for the demonstration, as a
prospective purchaser, their motorcycle . . . do hereby release, and forever discharge Street and Trail, Inc., . . . of any
and from all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any
and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences
thereof, resulting from my riding and examining said motorcycle . . . belonging to Street and Trail, Inc." Appellant asserted that he was told the "waiver" would make him liable for any damage he might cause to the motorcycle and
that he could not ride the vehicle until he signed the document. After signing the "waiver," appellant drove the motorcycle
on the grounds of appellee's business premises for about ten minutes. At a time when no other person was observing his operation
of the motorcycle, appellant became involved in an accident, striking trees and/or a telephone pole on the edge of the area
in which he was riding. Appellant, though in pain, was not allowed to leave until he had paid approximately $18.00 for damages
to the motorcycle. Thereafter appellant was admitted to a hospital and received significant medical attention and care for
internal injuries resulting from the incident.