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Sanchez v. Atlanta Union Mission Corp.

The defendant could not rely on copies of an agreement included in the record to prove the terms of an alleged exculpatory clause, as the pertinent paragraphs were too blurry to read in their entirety.

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Wilfredo Sanchez filed this negligence action against Atlanta Union Mission Corporation the “Atlanta Mission” after he was injured while carrying out a work assignment as part of a substance abuse rehabilitation program. Atlanta Mission moved for summary judgment on the ground that a contractual exculpatory clause allegedly agreed to by Sanchez when he enrolled in the rehabilitation program waived and released it from liability for its own negligence. The trial court granted Atlanta Mission’s motion for summary judgment based on the exculpatory clause, resulting in this appeal. For the reasons discussed below, we conclude that Atlanta Mission failed to prove the terms of the exculpatory clause and thus failed to prove that Sanchez waived and released it from liability. Accordingly, we reverse.

To prevail on summary judgment, the movant must demonstrate that no genuine issue of material fact exists and that the undisputed facts, when viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. And a defendant moving for summary judgment based on an affirmative defense may not rely upon an absence of evidence in the record disproving the affirmative defense.

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