Rex Kwon Essay

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IN THE CIRCUIT COURT OF THE DOUBLE ZEROTH JUDICIAL CIRCUIT IN AND FOR BANKS COUNTY, SPC NAPOL DYNAMITE, PLAINTIFF, v. REX-KWON DO, INC. AND DIEDRICH BADER DEFENDANTS. ____________________________________/ MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Defendants, Rex-Kwon Do, Inc. (therein after referred to as “Rex-Kwon”) and employee, Diedrich Bader, (“Bader”) respectfully moves for summary judgment. The Plaintiff, Napol Dynamite (“Dynamite”) alleges that Defendants negligently failed to supervise the class causing his injuries when he was kicked by another student. Summary judgment should be granted on the plaintiff’s allegation of negligence due to plaintiff’s express assumption of risk when willfully and voluntarily participating in a contact sport, such as tae kwon do. Summary judgment should be granted on allegation of negligence because no duties to plaintiff were breached by defendant. Finally, summary judgment should be granted on behalf of defendants due to plaintiff’s increased likelihood of injury as an inherent risk of the practice of tae kwon do. UNDISPUTED FACTS For the purposes of this motion, the following facts are undisputed: Rex-Kwon operates a tae kwon do studio in our state and provides instruction to individuals who are at various levels of expertise. Defendant Bader is an employee at Page 1 of 6 Rex-Kwon Do, Inc. where he works as a tae kwon do instructor. The plaintiff, Dynamite, who is 18 years old, is a former student of Rex-Kwon’s studio. Dynamite received instructions and training for approximately six months. During this short period of instruction, Dynamite attained the rank of green belt. A green belt is the fourth level of ten tae kwon do ranks, with a black belt being the most advanced level. Rex-Kwon did not require their students to sign an express waiver of liability or obtain such a waiver from

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