44
C
ASE: 6
You Be the Judge!
You Be the Judge!
Sources
The case brie ng above contains excerpts and direct extractions from the sources noted
below that have been combined with the author's own expert legal input. The case has
been condensed and formatted from its original content for purposes of this workbook.
Sharon v. City of Newton, 437 Mass. 99, 769 N.E.2d 738 (Mass. 2002).
Supreme Judicial Court of Massachusetts, Middlesex
June 10, 2002. Opinion written by the Honorable Justice Robert J. Cordy.
Studies have shown
that cheerleading is
the number one cause
of catastrophic injuries
among high school and
college athletes.
Merav and her father both signed the front of the release, which
they indicated was for the sport of cheerleading. In addition, they
lled out the back of the release that called for information regarding
Merav's address, date of birth, health insurance provider, and emer-
gency contacts, and provided the opportunity for them to purchase
student accidental insurance through the school (an option which
they explicitly declined on the form). Merav's father signed the back of
the release giving parental consent to a physical examination of Merav
prior to her participation in the cheerleading program.
e City of Newton argued that the release was a clearly labeled,
two-sided document, which Merav brought home from school for her
parents to review. As such, both Merav and her father had ample time
to read and understand the release before signing it, and they should
be deemed to have understood the release was a waiver of liability
against the school.
For Evaluation Purposes Only