United States Seventh Circuit

Under Indiana law, consent to a release or exculpatory clause can be enforced against a party who likely was aware of a requirement that it be executed, yet participated in an event covered by the release without doing so, but the release does not bar plaintiff's claim for willful and wanton conduct, or plaintiff's spouse's recovery for loss of consortium.

Appellate Information

• Argued 01/22/2001
• Decided 04/02/2001
• Published 04/02/2001

Judges

• TERENCE T. EVANS, Circuit Judge., Before BAUER, KANNE, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James T. Crotty (argued), Crotty & Associates, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Philip E. Kalamaros (argued), Hunt, Suedhoff & Kalamaros, South Bend, IN, for Defendants-Appellees.