Decided August 21, 2008
Court of Common Pleas
Allegheny County, Pennsylvania

TT&H Transportation attorneys successfully obtained summary judgment for the Defendant trucking company and its driver, on the basis that the injured plaintiff passenger, who was married to the defendant driver at the time of the accident, had waived her rights to sue the company and its employee by signing a Passenger Agreement containing an exculpatory clause.

It was undisputed that, prior to being permitted to accompany her husband in the truck during his cross-country trips, the company required plaintiff-wife to sign the Passenger Agreement, that plaintiff-wife did sign the agreement, and that the agreement contained an exculpatory clause. The exculpatory clause essentially provided that the plaintiff waived any claims against the company for injuries sustained while a passenger in the truck being driven by her husband. The question, therefore, concerned the legal validity of the clause.

Defendants filed a motion for summary judgment on the basis that, by knowingly and willingly signing the Passenger Agreement, containing the exculpatory clause, the wife waived any claims she may have for injuries arising from being a passenger in the company’s truck. Plaintiff argued that the clause was invalid because it was against public policy and ambiguous.

However, TT&H successfully argued that the clause was valid and barred this lawsuit. This was no unfair contract of adhesion. Plaintiff had no right to ride in the truck; and the company did not have to let her ride in the truck. In exchange for the company granting plaintiff the privilege of riding in its truck, plaintiff bargained away her right to sue the company for injuries arising from being in the truck. The trial court granted Defendants’ summary judgment as to both the trucking company and the driver. A carefully drafted agreement with an exculpatory clause will withstand legal scrutiny.

For more information regarding this case or the Transportation Practice Group, please contact Stephen E. Geduldig, Esquire, at 717-237-7199 or sgeduldig@tthlaw.com; Thomas P. McGinnis, Esquire, at 412-697-7403, or  tmcginnis@tthlaw.com; or Stephanie L. Hersperger, at 717-255-7239 or shersperger@tthlaw.com.