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Keywords

lawsuitnegligenceliabilityindemnitylease
negligenceliabilityindemnitylease

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Sharon v. City of Newton, 437 Mass. 99, 769 N.E.2d 738, 165 Ed. Law Rep. 742

Facts

On November 8, 1995, sixteen-year-old Merav Sharon was injured while participating in a cheerleading practice at Newton North High School, resulting in a serious compound fracture to her left arm. Prior to her injury, Merav had signed a 'Parental Consent, Release from Liability and Indemnity Agreement' with her father, which released the city from any claims arising from her participation in the cheerleading program. After reaching the age of majority, Merav filed a lawsuit against the city alleging negligence and negligent hiring of the cheerleading coach.

On November 8, 1995, sixteen-year-old Merav Sharon was injured while participating in a cheerleading practice at Newton North High School, resulting in a serious compound fracture to her left arm. Prior to her injury, Merav had signed a 'Parental Consent, Release from Liability and Indemnity Agreement' with her father, which released the city from any claims arising from her participation in the cheerleading program.

Issue

The main legal issues were whether the release signed by Merav's father was valid and whether it barred Merav's claims against the city for negligence.

The main legal issues were whether the release signed by Merav's father was valid and whether it barred Merav's claims against the city for negligence.

Rule

The court ruled that a release signed by a parent on behalf of a minor child is enforceable, provided it is a condition of voluntary participation in extracurricular activities, and that the failure to read or understand the release does not invalidate it.

The court ruled that a release signed by a parent on behalf of a minor child is enforceable, provided it is a condition of voluntary participation in extracurricular activities, and that the failure to read or understand the release does not invalidate it.

Analysis

The court found that the release was clearly labeled and that both Merav and her father had ample opportunity to read and understand it before signing. The judge noted that the failure to read or understand the release, in the absence of fraud or duress, does not avoid its effects. The court also emphasized that enforcing such releases furthers public policy by encouraging youth athletic programs.

The court found that the release was clearly labeled and that both Merav and her father had ample opportunity to read and understand it before signing. The judge noted that the failure to read or understand the release, in the absence of fraud or duress, does not avoid its effects.

Conclusion

The Supreme Judicial Court affirmed the lower court's decision, holding that the release signed by Merav's father was valid and barred her claims against the city.

The Supreme Judicial Court affirmed the lower court's decision, holding that the release signed by Merav's father was valid and barred her claims against the city.

Who won?

The city of Newton prevailed in the case because the court upheld the validity of the release signed by Merav's father, which absolved the city of liability for negligence claims arising from Merav's participation in cheerleading.

The city of Newton prevailed in the case because the court upheld the validity of the release signed by Merav's father, which absolved the city of liability for negligence claims arising from Merav's participation in cheerleading.

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