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Gonzalez v. City of Coral Gables

District Court of Appeal of Florida, Third District
May 12, 2004
871 So. 2d 1067 (Fla. Dist. Ct. App. 2004)
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Summary

upholding a parental pre-injury release executed for a minor's participation in a high school fire rescue training program

Summary of this case from In re the Complaint of Royal Carribean Cruises Ltd.
See 10 Summaries

Opinion

Case No. 03-2341.

Opinion filed May 12, 2004.

An appeal from the Circuit Court of Miami-Dade County, Peter R. Lopez, Judge, Lower Tribunal Case No. 02-18658.

Bernstein Maryanoff; Brian D. Glatzer and Jason Turchin, for appellant.

John E. Oramas, for appellee.

Before GODERICH, FLETCHER, and RAMIREZ, JJ.

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 Etcheverry 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 student and his or her parent or guardian.

We are dealing here only with the mother's agreement on behalf of her daughter.

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., 28 Fla. L. Weekly D2004 (Fla. 4th DCA August 27, 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.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

Summaries of

Gonzalez v. City of Coral Gables

District Court of Appeal of Florida, Third District
May 12, 2004
871 So. 2d 1067 (Fla. Dist. Ct. App. 2004)

upholding a parental pre-injury release executed for a minor's participation in a high school fire rescue training program

Summary of this case from In re the Complaint of Royal Carribean Cruises Ltd.

upholding a parental preinjury release executed for a minor's participation in a high school fire-rescue training program

Summary of this case from Woodman v. Kera LLC

upholding parental liability release in context of "community or school supported activities"

Summary of this case from Hojnowski v. Vans Skate Park

In Gonzalez, the parent of a fifteen-year-old high school student signed a liability waiver in order for the student to participate in a school-sponsored training program at the municipal fire station, for which she was to receive class credit. 871 So.2d 1067.

Summary of this case from Kelly v. United States

In Gonzalez, the parent of a fifteen-year-old high school student signed a liability waiver in order for the student to participate in a school-sponsored training program at the municipal fire station, for which she was to receive class credit. 871 So.2d 1067.

Summary of this case from Kelly v. United States

In Gonzalez, the Florida District Court of Appeals relied upon Shea to uphold a parental pre-injury release for minor's participation in a high school fire training program.

Summary of this case from In re the Complaint of Royal Carribean Cruises Ltd.

In Gonzalez, a child claimed injuries from participation in a school-sponsored program which simulated fire rescue training.

Summary of this case from In re Complaint of Royal Caribbean Cruises LTD

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 favor of the city based on the release the mother had signed.

Summary of this case from Kirton v. Fields

In Gonzalez, we held that a hold harmless agreement, signed by a parent so that her child could participate in a program whereby students received school credit for training as fire rescue personnel, waived liability in the event of a negligence claim.

Summary of this case from Krathen v. School Bd. of Monroe County

distinguishing between commercial and school related waivers

Summary of this case from Fields v. Kirton
Case details for

Gonzalez v. City of Coral Gables

Case Details

Full title:EUFEMIA GONZALEZ, etc., Appellant, v. CITY OF CORAL GABLES, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 12, 2004

Citations

871 So. 2d 1067 (Fla. Dist. Ct. App. 2004)

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