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FIELDS v. KIRTON

No. 4D06-1486.

961 So.2d 1127 (2007)

Jordan FIELDS, as Personal Representative of the Estate of Christopher Jones, Appellant, v. H. Spencer KIRTON; Scott Corey Kirton and Dudley R. Kirton d/b/a Thunder Cross Motor Sports Park; Kirton Brothers Lawn Service, Inc.; and Dean Dyess, Appellees.

District Court of Appeal of Florida, Fourth District.

August 8, 2007.

Attorney(s) appearing for the Case

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Laurence C. Huttman of Rubin & Rubin, Stuart, for appellant.

William J. Wallace of William J. Wallace, P.A., Okeechobee, for Appellees-Dudley R. Kirton and Scott Corey Kirton d/b/a Thunder Cross Motor Sports Park.

Alan C. Espy of Alan C. Espy, P.A., Palm Beach Gardens, for Appellees-H. Spencer Kirton and Kirton Brothers Lawn Service, Inc.

R. Steven Ruta and Richard Lee Barrett of Barrett, Chapman & Ruta, P.A., Orlando, for Appellee-Dean Dyess.

Lindsey C. Brock, III of Rumrell Costabel Warrington & Brock LLP, Jacksonville, and Matthew W. Monroe and Jill Anne Hillman of Monroe & Zinder, P.C., Los Angeles, CA, for Amicus Curiae-National Association of Underwater Instructors.

Timothy J. Owens of Christensen & Christensen, Columbus, OH, for Amicus Curiae-American Motorcyclist Association.

HOROWITZ, ALFRED J., Associate Judge.

This is an appeal from a summary judgment entered in favor of all the defendants. The trial court determined there was no genuine issue of any material fact with respect to Appellant's wrongful death claim. The trial court specifically relied on the enforceability of a pre-injury release/waiver signed by the natural guardian on behalf of the deceased minor child. The standard of review of this matter is de novo. Major League...

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