Krathen v. School Bd. of Monroe County, No. 3D07-815.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | CortiÑas |
| Citation | 972 So.2d 887 |
| Docket Number | No. 3D07-815. |
| Decision Date | 03 October 2007 |
| Parties | Rachel KRATHEN, Appellant, v. The SCHOOL BOARD OF MONROE COUNTY, Florida, Appellee. |
v.
The SCHOOL BOARD OF MONROE COUNTY, Florida, Appellee.
[972 So.2d 888]
Charles M. Milligan, Key West, for appellant.
Vernis & Bowling and Michael A. Meadows and Curtis Mollohan, Islamorada, for appellee.
Before WELLS and CORTIÑAS, JJ., and FLETCHER, Senior Judge.
CORTIÑAS, Judge.
This is an appeal from an order granting final summary judgment in favor of the School Board of Monroe County ("the School Board") on Rachel Krathen's claim that the School Board's negligence led to injuries she sustained during a cheerleading practice in the gymnasium of Key West High School where Krathen was a student. Specifically, Krathen alleged that the School Board was negligent in:
failing to adequately supervise the cheerleading practice at the Glenn Archer Gymnasium[;] conducting the practice without adequate preparation, knowing or having reason to know of the potential for injury to participants; using inexperienced or untrained personnel to supervise the cheerleading practice[;] failing to place protective mats on the floor so as to cushion impact[;] conducting the practice without the coach being present[;] failing to abide by or follow appropriate School Board policies and/or procedures relating to extracurricular activities[;] being generally careless and negligent.
The School Board, by way of affirmative defense, contended that a Consent and Release from Liability Certificate ("Release") signed by Krathen and her parent/guardian, Mary C. Hornberger, barred Krathen's claim. Based on this affirmative defense, the School Board moved for summary judgment, which the trial court granted. We review an order granting summary judgment de novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000).
Here, we conclude that the Release clearly and unambiguously indicates the intent to release the School Board from liability for, as the Release states, "any injury or claim resulting from ... athletic participation." Under Florida law, this language is sufficient to insulate the School Board from liability for negligence claims. "It is settled law that a pre-incident release is not effective to preclude an action based on the, releasee's subsequent negligence unless the instrument clearly and specifically provides for a limitation or elimination of liability for such acts." Witt v. Dolphin Research Ctr., Inc., 582 So.2d 27, 28 (Fla. 3d DCA 1991). We find that any claim resulting from athletic participation includes the claim for negligence such as was alleged here.1 Plaintiffs counsel presented no evidence supporting a claim for gross negligence or an intentional tort.
Because we find that the Release covers the negligence claim alleged here, we must determine whether a parent can bind their child, to a waiver of liability. Although we...
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Kirton v. Fields, No. SC07-1739.
...behalf of a minor child, for participation on the high school cheerleading squad, enforceable. See Krathen v. School Bd. of Monroe Cty., 972 So.2d 887 (Fla. 3d DCA 2007). In Krathen, the Third District again discussed the Fourth District's distinction in Shea between school-supported activi......
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Applegate v. Cable Water Ski, L.C., No. 5D07-458.
...(S.D.Fla.2006) (adopting distinction; noting Shea expressly limited to arbitration clauses). Krathen v. School Board of Monroe County, 972 So.2d 887 (Fla. 3d DCA 2007), cited as supplemental authority by Appellee, is "distinguished because it did not involve a commercial enterprise. In fact......
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Elalouf v. Sch. Bd. of Broward Cnty., No. 4D19-3272
...moved 311 So.3d 865 for summary judgment, arguing the release barred appellant's action under Krathen v. School Board of Monroe County , 972 So. 2d 887 (Fla. 3d DCA 2007). In his response to the school board's motion for summary judgment, appellant argued only that the release neither menti......
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O'Loughlin v. U.S. Tennis Ass'n Inc., No. 4D12–4313.
...for appellees.PER CURIAM. Affirmed. See Global Travel Mktg., Inc. v. Shea, 908 So.2d 392 (Fla.2005); Krathen v. Sch. Bd. of Monroe Cnty., 972 So.2d 887 (Fla. 3d DCA 2007).WARNER, CONNER, JJ., and LEVENSON, JEFFREY R., Associate Judge, ...
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Kirton v. Fields, No. SC07-1739.
...behalf of a minor child, for participation on the high school cheerleading squad, enforceable. See Krathen v. School Bd. of Monroe Cty., 972 So.2d 887 (Fla. 3d DCA 2007). In Krathen, the Third District again discussed the Fourth District's distinction in Shea between school-supported activi......
-
Applegate v. Cable Water Ski, L.C., No. 5D07-458.
...(S.D.Fla.2006) (adopting distinction; noting Shea expressly limited to arbitration clauses). Krathen v. School Board of Monroe County, 972 So.2d 887 (Fla. 3d DCA 2007), cited as supplemental authority by Appellee, is "distinguished because it did not involve a commercial enterprise. In......
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Elalouf v. Sch. Bd. of Broward Cnty., No. 4D19-3272
...moved 311 So.3d 865 for summary judgment, arguing the release barred appellant's action under Krathen v. School Board of Monroe County , 972 So. 2d 887 (Fla. 3d DCA 2007). In his response to the school board's motion for summary judgment, appellant argued only that the release neither menti......
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O'Loughlin v. U.S. Tennis Ass'n Inc., No. 4D12–4313.
...for appellees.PER CURIAM. Affirmed. See Global Travel Mktg., Inc. v. Shea, 908 So.2d 392 (Fla.2005); Krathen v. Sch. Bd. of Monroe Cnty., 972 So.2d 887 (Fla. 3d DCA 2007).WARNER, CONNER, JJ., and LEVENSON, JEFFREY R., Associate Judge, ...