Exculpatory Clause. Norbert Eelbode applied for a job with Travelers Inn in the state of Washington. As part of the application process, Eelbode was sent to Laura Grothe, a physical therapist at Chec Medical Centers, Inc, for a preemployment physical exam. Before the exam, Eelbode signed a document that stated in part, I hereby release Chec and the Washington Readicare Medical Group and its physicians from all liability arising from any injury to me resulting from my participation in the exam. During the exam, Grothe asked Eelbode to lift an item while bending from the waist using only his back with his knees locked. Eelbode experienced immediate sharp and burning pain in his lower back and down the back of his right leg. Eelbode filed a suit in a Washington state court against Grothe and Chec, claiming that he was injured because of an improperly administered back torso strength test. Grothe and Chec cited the document that Eelbode signed, and filed a motion for summary judgment. Should the court grant the motion? Why or why not?
Question 2
In Cove Management v. AFLAC, Galgano, an independent contractor who solicited insurance business for AFLAC, rented office space from Cove under AFLAC's name. When Galgano defaulted on payments, Cove sued AFLAC contending that Galgano was its agent when he rented the office, so AFLAC was liable. The appeals court held that AFLAC:
a. was not obligated to the lease because real estate deals must be in writing with the principal of the company agreeing to the lease
b. was not obligated to the lease because Galgano did not have apparent authority to sign a lease that would bind AFLAC
c. was obligated on the lease as its employee had apparent authority
d. was not obligated on the lease, but its employee who told Galgano it was ok to enter into such a lease was obligated
e. all of the other choices are correct