Kirton v. Fields
2008 Fla. LEXIS 2378 (Fla. 2008)
An estate filed a wrongful death action against the owners of a motor sports park and a manager that worked at the park. As an affirmative defense, the owners and manager argued that the estate’s claims were barred by a release and waiver executed by the decedent's father. The trial court granted summary judgment in favor of petitioners. The Fourth District Court of Appeal reversed and certified a question for review by the Supreme Court. The decedent's father took him to the sports part to ride an all terrain vehicle (ATV). The father signed a release and waiver of liability, assumption of risk, and indemnity agreement. While at the park, the decedent was involved in an accident, the ATV landed on him, and he died. The decedent's mother was unaware that the father permitted the decedent to engage in such activity and was also unaware that the decedent had suffered a fractured rib and concussion at the same park about a month earlier. The court held that the father did not have the authority to execute the pre-injury release on behalf of the child where the release involved participation in a commercial activity. The court found that there was an injustice when a parent agreed to waive the tort claims of a minor child and deprive the child of the right to legal relief when the child was injured as a result of another party's negligence.