California Court of Appeal

Defendant-municipality's petition for a peremptory writ of mandate following denial of its summary judgment motion in a wrongful death case involving the drowning death of a disabled child at a recreational activities program is denied where a release signed by plaintiff-parent did not exculpate defendants from liability for conduct constituting gross negligence.

Appellate Information

• Decided 01/26/2006
• Published 01/26/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephen P. Wiley, City Attorney, Janet K. McGinnis, Assistant City Attorney, Haight, Brown & Bonesteel, Peter Q. Ezzell and Nancy E. Lucas, Los Angeles, for Petitioners., Dennis J. Herrera, City Attorney, Joanne Hoeper, Chief Trial Deputy and Donald P. Margolis, Deputy City Attorney, for League of California Cities and California State Association of Counties as Amicus Curiae on behalf of Petitioners., California Park & Recreation Society, Jane H. Adams, Executive Director, as Amicus Curiae on behalf of Petitioners., Grassini & Wrinkle and Roland Wrinkle, Woodland Hills, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.