Supreme Court of Florida
Kirton v. Fields, SC07-1739, SC07-1741, SC07-1742
Due to public policy concerns, a parent lacks the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in a commercial activity. Such a release is unenforceable against the minor or the minor's estate in a tort action arising from injuries sustained in a commercial (as opposed to school-run or community-sponsored) activity.
Appellate Information
- Decided 12/11/2008
- Published 12/11/2008
Judges
- QUINCE, C.J.
Court
- Supreme Court of Florida
Counsel
- For Appellant:
- William J. Wallace of William J. Wallace, P.A., Okeechobee, FL, Richard Lee Barrett and Ralph Steven Ruta, of Barrett, Chapman and Ruta, P.A., Orlando, FL, and Alan C. Espy of Alan C. Espy, P.A., Palm Beach Gardens, FL, for Petitioners., Timothy J. Owens of Christensen, Christensen, Donchatz, Kettlewell, and Owens, LLP, Columbus, OH, on behalf of The American Motorcyclist Association, for Amicus Curiae.
- For Appellees:
- Bard d. Rockenbach of Burlington and Rockenbach, P.A., West Palm Beach, and Laurence C. Huttman of Rubin and Rubin, Stuart, FL, for Respondents.