Exculpatory Agreement

Bender v. Caregivers of America, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D1872 (Fla. 4th DCA 8/18/10)

The appellate court reversed a summary judgment for a home healthcare company.  The client was injured in a motor vehicle accident while she was a passenger in a vehicle driven by an aide furnished by the company.  The trial court granted summary judgment for the company based upon an exculpatory agreement releasing the company “from any and all liability resulting from the use of the Aide’s vehicle for client transportation.”  The appellate court held that the agreement was not clear and unequivocal because it did not make reference to “negligence.”