Supreme Court of California

An agreement made in the context of sports or recreational programs or services, purporting to release liability for future gross negligence, generally is unenforceable as a matter of public policy. In an action brought by the parents of a child who drowned at defendant-city's summer camp for developmentally disabled children, a judgment finding inter alia that a release of liability signed by the mother did not release the city's liability for future gross negligence is affirmed as the agreement violated public policy and was unenforceable.

Appellate Information

• Decided 07/16/2007
• Published 07/16/2007

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Stephen P. Wiley, City Attorney, Janet K. McGinnis, Assistant City Attorney;  Haight, Brown & Bonesteel, Peter Q. Ezzell, Nancy E. Lucas, Los Angeles;  Jarvis, Fay & Doporto and Andrea J. Saltzman for Petitioners., Dennis J. Herrera, City Attorney (San Francisco), Joanne Hoeper, Chief Trial Deputy, and Donald P. Margolis, Deputy City Attorney, for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Petitioners., Jane H. Adams, San Diego, for California Park & Recreation Society as Amicus Curiae on behalf of Petitioners., Chapman, Glucksman & Dean, Arthur J. Chapman and Cynthia R. Lane, Los Angeles, for Sierra Club as Amicus Curiae on behalf of Petitioners., Manning & Marder, Kass, Ellrod, Ramirez and Anthony J. Ellrod, Los Angeles, for International Health, Racquet and Sportsclub Association and California Clubs of Distinction as Amici Curiae on behalf of Petitioners., Prindle, Decker & Amaro, Michael L. Amaro and Jack C. Nick, Long Beach, for Bally Total Fitness Corporation and 24 Hour Fitness USA, Inc., as Amici Curiae on behalf of Petitioners., Agajanian, McFall, Weiss, Tetreault & Crist, Paul L. Tetreault and William D. Anthony, Los Angeles, for National Association of Stock Car Racing, Inc., and The California Speedway Corporation as Amici Curiae on behalf of Petitioners., Grassini & Wrinkle and Roland Wrinkle, Woodland Hills, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.