Sharon v. City of Newton
Massachusetts Supreme Judicial Court
769 N.E.2d 738 (Mass. 2002)
- Written by Brianna Pine, JD
Facts
Merav Sharon (plaintiff), a 16-year-old student and cheerleader at Newton North High School, was injured during cheerleading practice. Before the season began, and as a condition of her participation, Merav and her father signed a waiver of liability purporting to release the City of Newton (Newton) (defendant) from all negligence claims. Merav brought suit against Newton for negligence. Newton moved for summary judgment, relying on the waiver as a complete defense. Merav opposed the motion, arguing that enforcement of the waiver violated public policy. She contended that: (1) it violates public policy for schools to require students to sign exculpatory agreements as a condition of participating in extracurricular sports, (2) it violates public policy to allow a parent to waive a minor child’s right to bring a future negligence claim, and (3) enforcement of the waiver would undermine the duty of care that public schools owe their students. The trial court granted Newton’s motion for summary judgment. Merav appealed.
Rule of Law
Issue
Holding and Reasoning (Cordy, J.)
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