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MURPHY v. YMCA

No. 2D07-1324.

974 So.2d 565 (2008)

Elizabeth Anne MURPHY, Appellant, v. YOUNG MEN'S CHRISTIAN ASSOCIATION OF LAKE WALES, INC., a Florida nonprofit corporation, Appellee.

District Court of Appeal of Florida, Second District.

February 15, 2008.

Attorney(s) appearing for the Case

Frank J. McKeown, Jr., of Law Offices of Frank J. McKeown, Jr., P.A., West Palm Beach, and Harold E. Wolfe, Jr., of Harold E. Wolfe, Jr., P.A., West Palm Beach, for Appellant.

Mark D. Tinker of Fowler White Boggs Banker P.A., St. Petersburg, for Appellee.

CANADY, Judge.

Elizabeth Anne Murphy, the plaintiff in a personal injury action, appeals a final summary judgment entered in favor of the defendant, Young Men's Christian Association of Lake Wales, Inc. (YMCA). The YMCA obtained summary judgment against Murphy on the basis that upon joining the YMCA she had signed an exculpatory clause which released the YMCA from liability for its negligence. We reverse the final summary judgment because the exculpatory clause did...

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