Attorney obtained a stipulation of dismissal of a lawsuit without having to file an answer to the plaintiff's complaint

Attorney obtained a stipulation of dismissal of a lawsuit without having to file an answer to the plaintiff's complaint. Plaintiff injured his shoulder playing roller hockey in the defendant's roller skating rink. Plaintiff claimed that he was checked by an aggressive player on the opposing team, causing him to fall to the floor and injure his shoulder. The complaint alleged that the defendant skating rink operator was negligent in failing to prevent the contact between the players. Prior to filing an answer, defense attorney served a written demand on plaintiff's attorney requesting dismissal of the complaint against the skating rink based on the language of a liability release that the plaintiff signed when he registered for the roller hockey league. By signing the liability release, plaintiff agreed to assume the inherent risks of roller hockey, including injuries caused by contact between players, and agreed that he would not sue the rink owner for negligence. The written demand to the plaintiff's attorney cited the frivolous litigation rule, which allows sanctions, including attorney's fee, if the frivolous pleading is not withdrawn after written notice.