Harlan National Bank v. Gross

In this case plaintiff seeks to recover damages for severe permanently disabling physical injuries he suffered when he fell from a loft in a building owned by defendant. Defendant moved for summary judgment on the basis of clauses in a previously entered into stall-space agreement with plaintiff which, in advance, released defendant from any and all liability for damages suffered by plaintiff. The trial court granted defendants motion for summary judgment. The court of appeal affirmed. Ramirez v. Fair Grounds Corporation, 563 So.2d 570 (La.App. 4th Cir. 1990). We granted Ramirezs writ application. 567 So.2d 1111 (La. 1990). We reverse, deciding that the clauses in the agreement are null because "any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party." La. Civ. Code art. 2004.