Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)

Citation: Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
Parent Document: Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
Jurisdiction: Missouri (state)
Effective Date: 2018-11-27
Original Source: https://www.courtlistener.com/opinion/6243304/tolliver-v-5-g-homes-llc/ ↗

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Although we find the 2016 lease is controlling in this case, Appellant argues that, under Missouri precedent, the exculpatory clause in the 2017 lease is effective in releasing it from liability for events that occurred earlier that year, when the 2016 lease was in effect. In support of its argument, Appellant relies on Alack v. Vic Tanny Int'l of Mo., Inc. , 923 S.W.2d 330 (Mo. banc 1996). In that case, Alack brought a negligence suit against Vic Tanny, a health club facility, after Alack was injured while using a workout machine. Id. at 332. During trial, Vic Tanny questioned Alack about the general exculpatory clause contained in the membership contract, which purported to release Vic Tanny from "any and all claims" against it. However, Alack testified he did not understand the language in the clause to mean he was releasing Vic Tanny from its own future negligence. Id. at 333. Nonetheless, Vic Tanny argued it was entitled to a directed verdict because the exculpatory clause barred Alack's negligence claim as a matter of law. Id. at 334. The trial court decided to submit the issue to the jury. The jury returned a verdict in favor of Alack. Id.

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