Ketler v. Pfpa, LLC

2 Citing cases

  1. Pacropis v. Dusek

    C. A. N20C-06-277 FWW (Del. Super. Ct. Mar. 23, 2023)

    See e.g., Marshall v. Maryland, D. & V. Ry. Co., 112 A. 526, 527 (Del. Super. Ct. 1921). Ketler v. PFPA, LLC, 2015 WL 3540187 at *2 (Del. Super. Ct. June 3, 2015), aff'd, 132 A.3d 746 at *747 (Del. 2016). 10. Here, the Court finds it prudent to exercise its discretion and allow the record to be developed further before deciding this matter.

  2. Barth v. Blue Diamond, LLC

    C.A. No. N15C-01-197 MMJ (Del. Super. Ct. Nov. 29, 2017)   Cited 3 times

    Moreover, courts have found waiver of liability forms enforceable in contexts dissimilar to those listed above. See, e.g., Ketler v. PFPA, LLC, 2015 WL 3540187, at *2 (Del. Super. 2015) (finding a waiver form sufficient to invoke primary assumption of risk when the plaintiff snapped a cable on a rowing machine at the defendant's gym). The Storm Court would have had no occasion to comment on the nature of the activity if it were not independently meaningful in the analysis.