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A Florida federal judge has dealt a significant blow to the American Motorcycle Association (AMA) in a high-stakes case involving a motocross rider who was paralyzed during a practice session at the 2020 Supercross Championship. On Tuesday, U.S. District Judge Tom Barber refused to dismiss claims against the AMA, citing insufficient evidence to determine the enforceability of a liability waiver signed by the rider's coach.

AMA Paralyzed Rider's Suit : Legal Battle Heats Up

The case centers on Brian Moreau, who sustained severe spinal injuries in a crash during a February 2020 practice run. The AMA had sought to dismiss Moreau's negligence claim, arguing that his participation in the event shortly after turning 18 constituted ratification of the liability waiver signed by his coach when he was still a minor. However, Judge Barber dismissed this argument, noting that Florida case law does not support such a broad application of ratification.

Judge Barber emphasized that without a more detailed factual record, it’s impossible to determine whether Moreau had full knowledge of the waiver's implications. "The court cannot ascertain whether plaintiff affirmatively manifested an intent to approve the waiver of liability with 'full knowledge of all the material facts,'" Judge Barber stated. The AMA is permitted to raise this issue again at the summary judgment stage, but it was not sufficient for dismissal at this point.

Accident Details and Allegations

The lawsuit stems from an incident on February 15, 2020, during a practice session for the Supercross Championship in Tampa, Florida. Moreau, then 17, crashed headfirst off his bike and was left in a critical state. Despite the flagger's cautionary yellow flag, a red flag to halt the session was never issued. The medical team, provided by Medic Rig LLC, failed to stabilize Moreau’s spine, even as he reported losing sensation in his legs. The complaint alleges they dragged him off the track "like a rag doll," exacerbating his injuries.

The rider, now a paraplegic, has filed suit against event promoters Feld Entertainment Inc. and Feld Motor Sports Inc., as well as medical personnel John A. Bodnar, James Kennedye, and Amy Metiva. Moreau’s suit claims that the failure to stop the practice and properly treat his injuries directly led to his paralysis.

AMA Paralyzed Rider's Suit : Legal Developments and Next Steps

The court has previously granted several motions to dismiss but allowed Moreau to amend his complaint a fourth time in March 2024, adding the AMA as a defendant. Moreau contends that the waiver, signed by an adult from his racing team rather than his legal guardian, is unenforceable under Florida law. This argument hinges on Florida's general skepticism towards exculpatory clauses that attempt to absolve a party of negligence.

Representation and Ongoing Legal Disputes

Moreau is represented by a team including Mark A. Schweikert of Schweikert Law PLLC, and attorneys Maria A. Dominguez, Juan C. Ramos-Rosado, and Javier F. Micheo Marcial of DMR Law LLC, along with Jason B. Giller of Jason B. Giller PA. The AMA's defense team includes Michael S. Hooker and Caroline Catchpole Spradlin of Phelps Dunbar LLP, while Feld Motor Sports is represented by attorneys from Buchanan Ingersoll & Rooney PC. The medical team members are defended by Daivd O. Doyle Jr., Bethany Nduka, Kelly Ann Lenahan of Pearson Doyle Mohre & Pastis LLP, and Julie A. Tyk of Hall Schieffelin & Smith PA.