A plaintiff was injured while playing in an ultimate frisbee league game at an athletic facility owned by the defendant. His wife and he filed a complaint against the defendant, with the plaintiff claiming negligence, his wife claiming loss of consortium, and both plaintiffs claiming negligent infliction of emotional distress. The defendant answered and made a counterclaim for indemnification against the plaintiff.
The judge allowed the defendant’s motion for summary judgment on both of the plaintiff’s claims, ruling that he waived the claims by signing a release of liability when he registered to play in the ultimate frisbee league. The wife’s claims proceeded to a three-day jury trial. At the close of evidence, the same judge entered a directed verdict for the defendant on its indemnity counterclaim against the plaintiff, and the jury then returned a verdict for the defendant on the wife’s claims. Both plaintiffs appealed. The husband challenged the judge’s allowance of the defendant’s motions for summary judgment and a directed verdict and the judge’s award of attorney’s fees and costs. The wife challenged the judge’s allowance of two motions in limine made by the defendant. Discerning no error in any of these rulings, the Massachusetts Court of Appeals affirmed.