WOODMAN EX REL. WOODMAN v. KERA LLC

Docket No. 137347. Calendar No. 9.

785 N.W.2d 1 (2010)

486 Mich. 228

Trent WOODMAN, a Minor, by his Next Friend, Sheila WOODMAN, Plaintiff-Appellee, v. KERA LLC, doing business as Bounce Party, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 18, 2010.


Attorney(s) appearing for the Case

Rhoades McKee PC, Grand Rapids (by Paul A. McCarthy and Stephen J. Hulst) for plaintiff.

Feuer & Kozerski, P.C., Birmingham (by Scott L. Feuer), for defendant.

Eardley Law Offices, P.C., Cannonsburg (by Eugenie B. Eardley), for Amici Curiae the Michigan Association for Justice.

Kreis, Enderle, Hudgins & Borsos, P.C., Battle Creek (by James D. Lance) for Amici Curiae the Michigan Association of United Ways, the Michigan Nonprofit Association, and the Michigan Association of Community Mental Health Boards.


Opinion

YOUNG, J.

I believe this Court must determine whether a preinjury liability waiver signed by a parent on behalf of his child is enforceable under the common law and, if not, whether this Court should change the common law to enforce such a waiver. I would hold that a parental preinjury waiver is unenforceable under Michigan's common law because, absent special circumstances, a parent has no authority to bind his child by contract. I would further...

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