is cst liable to MERO?

did CST act ethically in placing a release of liability clause in its contract?

Ethical 12.5 Ethics Case City Segway Tours of 12.6 Washington DC, LLC (CST), operated tours a co ustomers used Segway personal transportation the o tour the city. Norman Mero and his signifi to b er si?ned up for such a tour. The contract they licer rior to beginning the tour contained a release of tion can lability clause (exculpatory clause) that stated sub I do hereby waive, release, acquit, and forever WOr CST Indemnitees from any and all cor the tha sig th discharge the losses, claims, suits, causes of actions, etc. for property damages, personal injuries, or death I may suffer or sustain while riding or operating the Segway, whether arising from my own acts, actions, activities and/or omissions of those of others, except only those arising solely from the as gross negligence of the CST Indemnitees hi While riding the Segway, Mero collided with the Segway fi ridden by his significant other. Mero fell to the ground o and fractured his right arm. Mero sued CST for negli- u gence to recover for his injuries. CST asserted that theb release of liability clause the Mero signed released it i rom liability. Mero argued the release of liability clause was not enforceable. Is CST liable to Mero? Did CST act ethically in placing a release of liability clause in its con- ract? Mero v. City Segway Tours of Washington DC 962 F.Supp.2d 92, 2013 U.S. Dist. Lexis 120304 (United States District Court for the District of Columbia, 2013)