Goyings v. Jack and Ruth Eckerd Foundation, E-N

CourtCourt of Appeal of Florida (US)
Writing for the CourtSCHEB
Citation403 So.2d 1144
Decision Date23 September 1981
Docket NumberNo. 80-2304,E-N
PartiesLeigh Anne GOYINGS, a minor, by and through Betty Goyings, as next friend and natural mother, and Betty Goyings, individually, Appellant, v. The JACK AND RUTH ECKERD FOUNDATION; Eckerd Wilderness Educational System;ini-Hassee Girls Camp; The Trustees of the Jack and Ruth Eckerd Foundation,to-wit: Gerald S. Rehm, Executive Director, Jack Eckerd, Ruth Eckerd, J. FloydGlisson,James Swann, and Robert Coleman; Joe Callan, Director of ini-Hassee GirlsCamp; Pauline Murphy; Judy Bell; Kathy "Doe"; Carol "Doe"; and TheTravelers Insurance Company, a Connecticut Corporation, Appellees.

Page 1144

403 So.2d 1144
Leigh Anne GOYINGS, a minor, by and through Betty Goyings, as next friend and natural mother, and Betty Goyings, individually, Appellant,
v.
The JACK AND RUTH ECKERD FOUNDATION; Eckerd Wilderness Educational System;E-Nini-Hassee Girls Camp; The Trustees of the Jack and Ruth Eckerd Foundation,to-wit: Gerald S. Rehm, Executive Director, Jack Eckerd, Ruth Eckerd, J. FloydGlisson,James Swann, and Robert Coleman; Joe Callan, Director of E-Nini-Hassee GirlsCamp; Pauline Murphy; Judy Bell; Kathy "Doe"; Carol "Doe"; and TheTravelers Insurance Company, a Connecticut Corporation, Appellees.
No. 80-2304.
District Court of Appeal of Florida, Second District.
Sept. 23, 1981.

Page 1145

R. Michael Underwood and Kenneth D. Morse of Matthias & Matthias, Orlando, for appellant.

Rick A. Mattson of Mattson & McGrady, St. Petersburg, for appellees.

SCHEB, Chief Judge.

In this appeal we must determine the validity of an exculpatory clause and its effect on the appellant's suit to recover damages for injuries sustained by her minor child.

Appellant, Betty Goyings, enrolled her minor daughter, Leigh Anne, in E-Nini-Hassee Girls Camp, a camp for children with emotional problems operated by the Eckerd Foundation and the Eckerd Wilderness Educational System. She signed a contract submitted by the camp agreeing to pay $750 a month for the full care and support of her minor daughter. The fee included payment for Leigh Anne's participation in a therapeutic program. While on a two-week canoe trip supervised by the camp, Leigh Anne suffered mental and physical injuries requiring her to be hospitalized.

Appellant, individually and as mother and next friend of Leigh Anne, filed a suit naming appellees as defendants and seeking damages for her daughter's injuries. She alleged that Leigh Anne had been under continuing psychiatric care prior to entering camp and was required to take prescribed medicine to keep her mentally stable. She further alleged that she relied upon the camp's verbal agreement to administer the medicine. She complained that the camp's failure to do so on the canoe trip caused Leigh Anne's injuries. Appellant pled in the alternative that the camp's failure to administer the medication was either negligent, intentional, or with a reckless disregard of the consequences.

Appellees filed their answer and then moved for summary judgment relying on an exculpatory clause in the contract appellant signed. The clause stated:

It is further agreed that reasonable precautions will be taken by Camp to assure the safety and good health of said boy/girl but that Camp is not to be held liable in the event of injury, illness or

Page 1146

death of said boy/girl, and the undersigned, does fully release Camp, and all persons concerned therewith, for any such liability.

The trial court held that the quoted clause released appellees from any liability and awarded them a...

To continue reading

Request your trial
26 practice notes
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • February 12, 2015
    ...1101 (Fla. 1st DCA 1987) ; Van Tuyn v. Zurich Am. Ins. Co., 447 So.2d 318 (Fla. 4th DCA 1984) ; Goyings v. Jack & Ruth Eckerd Found., 403 So.2d 1144 (Fla. 2d DCA 1981) ; and Tout v. Hartford Accident & Indem. Co., 390 So.2d 155 (Fla. 3d DCA 1980). We have jurisdiction. See art. V, § 3(b)(4)......
  • Burton v. Linotype Co., No. 88-2352
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1989
    ...So.2d 521, 523 (Fla. 4th DCA 1984); Oceanic Villas v. Godson, 148 Fla. 454, 4 So.2d 689 (1941); Goyings v. Jack and Ruth Eckerd Found., 403 So.2d 1144 (Fla. 2d DCA 1981); Zuckerman-Vernon Corp. v. Rosen, 361 So.2d 804 (Fla. 4th DCA 1978); Fuentes v. Owen, 310 So.2d 458 (Fla. 3d DCA 1975). T......
  • Mazzoni Farms, Inc. v. EI DuPont De Nemours and Co., No. SC94846
    • United States
    • United States State Supreme Court of Florida
    • June 8, 2000
    ...for an intentional tort, and any such exculpatory clauses are void as against public policy."); Goyings v. Jack & Ruth Eckerd Found., 403 So.2d 1144 (Fla. 2d DCA Yet, DuPont maintains that parties are encouraged to settle claims involving wrongdoing, and that parties are only prohibited fro......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • September 6, 2013
    ...UCFAA's rules in order to remain healthy. In support of this proposition, the Planchers cite Goyings v. Jack & Ruth Eckerd Foundation, 403 So.2d 1144 (Fla. 2d DCA 1981) and [121 So.3d 1113]Murphy v. Young Men's Christian Ass'n of Lake Wales, Inc., 974 So.2d 565 (Fla. 2d DCA 2008), both of w......
  • Request a trial to view additional results
26 cases
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • February 12, 2015
    ...1101 (Fla. 1st DCA 1987) ; Van Tuyn v. Zurich Am. Ins. Co., 447 So.2d 318 (Fla. 4th DCA 1984) ; Goyings v. Jack & Ruth Eckerd Found., 403 So.2d 1144 (Fla. 2d DCA 1981) ; and Tout v. Hartford Accident & Indem. Co., 390 So.2d 155 (Fla. 3d DCA 1980). We have jurisdiction. See art. V, § 3(b)(4)......
  • Burton v. Linotype Co., No. 88-2352
    • United States
    • Court of Appeal of Florida (US)
    • November 14, 1989
    ...So.2d 521, 523 (Fla. 4th DCA 1984); Oceanic Villas v. Godson, 148 Fla. 454, 4 So.2d 689 (1941); Goyings v. Jack and Ruth Eckerd Found., 403 So.2d 1144 (Fla. 2d DCA 1981); Zuckerman-Vernon Corp. v. Rosen, 361 So.2d 804 (Fla. 4th DCA 1978); Fuentes v. Owen, 310 So.2d 458 (Fla. 3d DCA 1975). T......
  • Mazzoni Farms, Inc. v. EI DuPont De Nemours and Co., No. SC94846
    • United States
    • United States State Supreme Court of Florida
    • June 8, 2000
    ...for an intentional tort, and any such exculpatory clauses are void as against public policy."); Goyings v. Jack & Ruth Eckerd Found., 403 So.2d 1144 (Fla. 2d DCA Yet, DuPont maintains that parties are encouraged to settle claims involving wrongdoing, and that parties are only prohibited fro......
  • Ucf Athletics Ass'n Inc. v. Plancher, No. 5D11–2710.
    • United States
    • Court of Appeal of Florida (US)
    • September 6, 2013
    ...UCFAA's rules in order to remain healthy. In support of this proposition, the Planchers cite Goyings v. Jack & Ruth Eckerd Foundation, 403 So.2d 1144 (Fla. 2d DCA 1981) and [121 So.3d 1113]Murphy v. Young Men's Christian Ass'n of Lake Wales, Inc., 974 So.2d 565 (Fla. 2d DCA 2008), both of w......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT