APPLEGATE v. CABLE WATER SKI, L.C.

No. 5D07-458.

974 So.2d 1112 (2008)

Steven APPLEGATE and Suzanne Applegate, etc., Appellants, v. CABLE WATER SKI, L.C., d/b/a Orlando, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Order Granting Certification February 22, 2008.


Attorney(s) appearing for the Case

Robert E. Bonner of Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Orlando, for Appellants.

Lindsey C. Brock, III, and Deborah R. Reid of Rumrell, Costabel, Warrington & Brock, LLP, Jacksonville, for Appellee.


TORPY, J.

In this personal injury case, the issue we confront is whether a contract containing an exculpatory clause, signed by a parent on behalf of her child, in favor of a commercial enterprise, is enforceable to defeat the child's action to recover for personal injuries sustained by the child as a result of the enterprise's negligence. Concluding that the contract is not enforceable, we align ourselves with all of the other courts that have weighed in on this...

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