EUFEMIA GONZALEZ, ETC., APPELLANT,
v.
CITY OF CORAL GABLES, APPELLEE
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A parent's hold harmless agreement for a child's participation in a community program waives the child's litigation rights, barring a negligence claim against the program provider.
A minor participating in a city's fire rescue explorer program was injured in a slip and fall accident. Her mother had signed a hold harmless agreemen…
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FLETCHER, Judge.
Appellant, Eufemia Gonzalez, as mother and next friend of Ana Maria Etcheverry, seeks reversal of a summary final judgment entered in favor of the City of Coral Gables in this negligence action. We affirm.
This case arises from a slip and fall accident which occurred at a Coral Gables Fire Station. As a result, Ana Maria Et-cheverry was injured. At the time of the accident, Ana Maria was fifteen years old and a student at Miami Northwestern Senior High. She was at the fire station in connection with her participation in a program known as the Coral Gables Fire Rescue Explorer Program. This program involves training students as fire rescue personnel, for which they receive school credit. In order to participate a student is required to submit, among other things, hold harmless agreements signed by the student1 and his or her parent or guardian.
Eufemia Gonzalez filed suit as mother and next friend of her minor daughter. Based on the mother’s hold harmless agreement on behalf of Ana Maria, the trial court entered summary final judgment in favor of the city. We agree with the trial court’s conclusion. The city’s explorer program falls within the category of commonplace child oriented community or school supported activities for which a parent or guardian may waive his or her child’s litigation rights in authorizing the child’s participation. See Shea v. Global Travel Marketing, Inc., 870 So. 2d 20 (Fla. 4th DCA 2003). Mrs. Gonzalez signed a hold harmless agreement enabling Ana Maria to participate in the program, thus the City of Coral Gables cannot be held liable for the alleged negligence which caused the child’s injuries.
Affirmed.
. We are dealing here only with the mother's agreement on behalf of her daughter.
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Global Travel Mktg., Inc. v. Shea, 908 So. 2d 392 (Fla. 2005)…, citing Shea, has held that a city's fire rescue explorer program is an activity for which public policy supports a pre-injury release of liability executed by a parent in authorizing the child's participation. See Gonzalez v. City of Coral Gables, 871 So. 2d 1067, 1067 (Fla. 3d DCA 2004). Because the issue of a pre-injury waiver of all liability is not before us, we do not address the Third District’s decision in Gonzalez. . Global Travel states in its initial brief that Garrit "had, by all accounts, become…
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Kirton v. Fields, 997 So. 2d 349 (Fla. 2008)…that the release clearly and unequivocally relieved Iron Horse from liability. The district court did not focus on whether the guardian had authority to execute the pre-injury release on behalf of the minor. Id. In Gonzalez v. City of Coral Gables, 871 So. 2d 1067 (Fla. 3d DCA 2004), the mother signed a pre-injury release so that the minor child could participate in the Coral Gables Fire Rescue Explorer Program. After the child was injured, the mother filed suit and the trial court entered summary judgment in…
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Applegate v. Cable Water SKI, L.C., 974 So. 2d 1112 (Fla. 5th DCA 2008)…e distinguished on that basis. See, e.g., Hohe v. San Diego Unified Sch. Dist., 224 Cal.App.3d 1559, 274 Cal.Rptr. 647, 648-49 (1990) (recreational event sponsored by volunteer parent, teacher, student association); Gonzalez v. City of Coral Gables, 871 So. 2d 1067, 1068 (Fla. 3d DCA 2004) (high school fire rescue training program); Sharon v. City of Newton, 437 Mass. 99, 769 N.E. 2d 738, 746-47 (2002) (voluntary high school cheer-leading program); Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367, 696 N.E…
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- Shea v. Global Travel Mktg., Inc., 870 So. 2d 20 (Fla. 4th DCA 2003)