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I. Introduction and Standard for Opposition to Summary Judgment
Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively "Crowell") were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowell's negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine issue of material fact related to Crowell's Answer, Crowell can be liable to Lajauna Barnett for negligence, and Crowell is not entitled to Summary Judgment as a matter of law.
Summary Judgment should be granted only upon a showing that there is no genuine issue as to any material fact. Fireman's Fund Ins. Co. v. Rairigh, 59 Md. App.......
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Title: Memo For Motion Against Summary Judgment
Approximate Word Count: 1971
Approximate Pages: 8 (250 words per double-spaced page)
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