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HOJNOWSKI EX REL. HOJNOWSKI v. VANS SKATE PARK

901 A.2d 381 (2006)

187 N.J. 323

Andrew HOJNOWSKI, a minor, through his Parents and Guardians ad Litem, Jerry Hojnowski and Anastasia Hojnowski and Jerry Hojnowski and Anastasia Hojnowski, in their own right, Plaintiffs-Respondents and Cross-Appellants, v. VANS SKATE PARK, Defendant-Appellant and Cross-Respondent, and McCown DeLeeuw Company, John Doe(s) Skate Park Owner (A Fictitious Name) and Jane Doe(s) Insurance Company (For Med Pay Only), Defendants.

Supreme Court of New Jersey.

Decided July 17, 2006.

Attorney(s) appearing for the Case

Richard C. Wischusen argued the cause for appellant and cross-respondent (Reilly, Supple & Wischusen, attorneys; Alex W. Raybould, on the briefs).

Robert A. Porter, Cherry Hill, argued the cause for respondents and cross-appellants (Bafundo, Porter, Borbi & Clancy, attorneys).

David G. Evans submitted a brief on behalf of amicus curiae, Pacific Legal Foundation.

Justice ZAZZALI delivered the opinion of the Court.

In this appeal, we must determine whether a parent can bind a minor child to either a pre-injury waiver of liability or an agreement to arbitrate. In January 2003, twelve-year old Andrew Hojnowski was injured while skateboarding at a skate park facility operated by defendant Vans, Inc. (Vans). On a previous visit to the facility, Andrew's mother had executed a release on...

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