Posted by ChrisM on January 27, 2005 at 21:06:09:
In Reply to: We'll all pay for it! posted by Chris on January 27, 2005 at 18:46:13:
there is no case, nothing for insurance will cover. No doubt the defense lawyers (hired by insurance, Ray won't have to pay, except in higher premiums) will bring a motion for summary judgment.
In Cal., a waiver may be valid unless the operation does something to "increase the risks inherent in the sport." I have no doubt any decent plaintiff's atty will meet that std here (not that op was at fault, just that plaintiff is entitled to get to a jury)
we shall see