You Be the Judge! Page 57

ASE: 6

ISSUE BEFORE THE COURT

Whether a release signed by the parent of a minor child for the purpose
of permitting the child to engage in public school extra-curricular sports
activities is a valid way to protect the school from liability where a student
gets injured while engaged in the activities.

THE FACTS

You Be the Judge!

A covenant not to sue is

an agreement entered

into by a person who

may have a legal claim

against another in the

future, but agrees not

to pursue the claim.

On November 8, 1995, 16-year-old Merav Sharon was injured

while participating in cheerleading practice at Newton North High
School in Massachusetts. Merav fell from a teammate's shoulders
while rehearsing a pyramid formation cheer and sustained a serious
compound fracture to her le arm that required surgery. At the time
of her injury, Merav had four seasons of cheerleading experience at
the high school level.

On November 5, 1998, having reached the age of majority (18

years old), Merav led a lawsuit against the City of Newton, alleging
negligence and the negligent hiring and retention of the cheerleading
coach. Merav sued for money damages resulting from her injury.

In late October 1999, the city produced a document entitled

"Parental Consent Release from Liability and Indemnity Agreement"
signed by Merav and her father in August 1995, three months prior to
the injury. e relevant part of the release read as follows:

"I, the undersigned [father of] . . . Merav Sharon, a minor, do

hereby consent to [her] participation in voluntary athletic pro-
grams and do forever RELEASE, acquit, discharge, and cov-
enant to hold harmless the City of Newton . . . from any and all
actions, causes of action, [and] claims . . . [for] personal injuries
or property damage which [I] may now or herea er have as the
parent . . . of said minor, and also all claims or right of action
for damages which said minor has or herea er may acquire,
either before or a er [she] has reached [her] majority resulting .
. . from [her] participation in the Newton Public Schools Physi-
cal Education Department's athletic programs. . ."

Merav argued that neither she nor her father realized that by sign-

ing the release they were waiving their future claims against the school.

For Evaluation Purposes Only