State justices hear arguments on parental waivers

In rare 'road trip,' state Supreme Court hears case on whether liability can be signed away

Mike Martindale / The Detroit News

Auburn Hills -- A rare visit by Michigan's Supreme Court to hear attorneys argue over parental waivers of liability for children drew about 200 curious lawyers and students Wednesday to the Thomas M. Cooley Law School campus.

The seven judges normally only hear oral arguments at the Hall of Justice in Lansing, but chose the campus as part of its infrequent "road trip," Chief Justice Marilyn Kelly told the group. It is only the fifth such "off-site" hearing.

"We consider this a memorable day for the court," said Kelly, before attorneys began arguments in Woodman v. Kera, in which a 5-year-old western Michigan boy broke his leg when he jumped off a slide at a "Bounce Party" play facility his parents had rented for his birthday party.

At issue is a statement signed by the boy's father in which he waived any claims against the play facility for "personal injury, property damage or wrongful death caused by participation in this activity."

The waiver form is similar to those routinely signed by parents on behalf of their children in dozens of other church, school, intramural and club activities.

The Kent County Circuit judge who initially heard the case ruled the release valid and dismissed the claim against Bounce Party, but the Court of Appeals reversed that decision and remanded the case back to circuit court, holding the negligence claim was to be reinstated. The appeals court noted that while parents have a right to make decisions for the welfare of their children, the state's interest in protecting children can sometimes conflict with parental authority.

Scott Feuer, attorney for Kera, also known as Bounce Party, and Paul A. McCarthy, representing the Woodmans, were peppered with questions from the seven judges.

"Do parents have the right to make such a contract?" asked Justice Robert P. Young Jr. "How far does this go? Can I sign away a child's property rights in other matters?"

Justice Stephen J. Markman opined that in today's "litigious society" children were being robbed of their childhood.

"You can laugh, but monkey bars are at risk," Markman said of the playground climbing structures. " ... Dodge ball. Football leagues."

A ruling and written opinion on the matter is not expected for several weeks.

Among those attending the 90-minute hearing were Dessi Terzieva, an Oakland University political science major who couldn't pass up an opportunity to see the state Supreme Court in action.

"I was interested in seeing what they do," the Troy woman said. "They only do this (off-site) a couple times a year."

Jessica Macmurtrie, an Oakland University sophomore studying international relations, said she felt the matter concerned parental responsibility.

"If you take your kid to the zoo and he jumps into a pit with the lions, you don't sue the zoo," she said.