Indiana Appeals Court Rejects Anthony Boarman's Pedal-Pub Lawsuit Over Signed Liability Waiver

INDIANAPOLIS — A pre-ride liability waiver shields a mobile pedal-pub operator from personal injury claims even when the contract never explicitly spells out the word negligence, the Indiana Court of Appeals ruled.

Patrons who sign electronic releases before climbing aboard recreational party vehicles cannot bypass those agreements after an accident. Anthony Boarman learned that lesson through five years of litigation. In a memorandum decision issued on November 6, 2026, a three-judge appellate panel affirmed summary judgment in favor of tour company The Handlebar and tavern operator Isentark Entertainment, extinguishing Boarman's claims over a 2021 fall in downtown Indianapolis.

The ruling establishes firm legal boundaries for commercial leisure tours across Indiana. A signed waiver holds firm. Establishments serving alcohol escape liability under state Dram Shop statutes unless clear proof shows bartenders served an individual exhibiting open, undeniable signs of intoxication.

The August 2021 Tour and the Fall

Boarman joined a group of friends on August 1, 2021, for a two-hour tour aboard The Handlebar, a mobile platform accommodating up to 12 passengers seated inward around a central counter. Its elevated stools stand approximately 48 inches above asphalt. Passengers use the vehicle's drive pedals as physical steps to climb into position.

Boarman brought a six-pack of beer on board. Over the next two hours, the vehicle made scheduled stops at Monument Circle, Condado Tacos, and Coaches Tavern, with Boarman consuming alcoholic beverages throughout the route.

The ride ended without incident. The descent did not.

As the tour concluded back at its starting point, Boarman stepped down from the elevated perch as if dismounting an ordinary bar stool. He missed his footing, plunged directly onto the pavement, and suffered injuries.

The Waiver Defense and the June 2023 Lawsuit

Before boarding the vehicle, Boarman and his companions had electronically signed liability waivers. The document released The Handlebar, its owners, and its staff from all claims for damages or physical injury arising before, during, or after the excursion — explicitly including incidents caused by the company itself.

Boarman sued in June 2023. His complaint named The Handlebar, Coaches Tavern operator Isentark Entertainment, and several related parties, alleging negligence alongside statutory violations of the Indiana Dram Shop Act.

The litigation quickly collided with contract law. Boarman admitted under oath that he signed the agreement and never sought clarification about its terms. He argued instead that The Handlebar forfeited the defense because the company failed to plead the release in its initial formal response to the complaint.

Judges rejected that argument entirely. The appellate panel noted that Boarman addressed and rebutted the waiver directly during his September 2024 deposition, eliminating any claim that its later introduction prejudiced his legal strategy. More critically, the court determined that the broad language of the waiver covered operator negligence regardless of whether the precise word appeared in the text.

Legal Parameters of the Appellate Ruling

The appellate bench simultaneously shut down Boarman's claims against Coaches Tavern under Indiana's Dram Shop Act. The statute imposes civil liability on alcohol vendors only when a business serves drinks to a patron with actual knowledge that the person is visibly intoxicated.

Plaintiffs presented no evidence that Boarman slurred his speech, stumbled inside the establishment, acted belligerently, or struggled to remount the pedal platform outside Coaches Tavern. Without visible indicators, the legal claim collapsed.

Because the appellate panel issued the ruling as a memorandum decision under Indiana Appellate Rule 65(D), the opinion does not serve as binding legal precedent and cannot be cited before state courts until formally certified on the docket.