HOUSTON – Signing a release form was not enough of a reason to axe a lawsuit brought by a man alleging an opposing player attacked him during a soccer match, according to a recent 14th Court of Appeals opinion.
Back in 2017, Samuel Brennan filed suit against Mathew Kaufman. A year earlier, the two men were playing in a soccer match on opposing team. Brennan alleges Kaufman attacked him deliberately during the game.
Brennan suffered a severe concussion and facial fractures that required surgery.
Court records show Kaufman argues that Brennan was injured when they were involved in a “header” in which they banged their heads together while trying to make a play.
In response to the suit, Kaufman filed a motion for summary judgment, arguing that Brennan released his claims in the form he signed prior to participating in any games at a local soccer club and that his injuries were the result of an “inherent risk” of the game.
The trial court granted the motion without specifying a reason, leading Brennan to appeal.
On Aug. 24, the 14th Court found that the trial court erred, opining that concluding that a release would insulate a party from wrongful conduct is against public policy.
Appeals case No. 14-19-00513-CV