Taneia Galloway Vs. State Of Iowa
790 N.W.2d 252
Iowa2010Background
- Galloway, a fourteen-year-old, was injured during an Upward Bound field trip organized by the UNI and the State of Iowa.
- Before the trip, Galloway’s mother signed a Field Trip Permission Form containing a broad waiver releasing UNI and related parties from liability for injuries.
- The mother also signed a Release and Medical Authorization form, purporting to release and indemnify UNI, the State, and others from liability for injuries, including negligence.
- The district court granted summary judgment for the State, finding the releases constituted a valid waiver of the minor’s claims.
- Galloway, through her mother as next friend, sued multiple defendants including the State; the State moved for summary judgment again asserting waiver of negligence claims.
- On appeal, the Iowa Supreme Court reversed, holding the releases unenforceable as a matter of public policy and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public policy invalidation of parental preinjury waivers | Galloway argues preinjury parental waivers are against public policy and unenforceable. | State argues public policy supports enforcing parental preinjury waivers to protect parental decisions and facilitate activities. | Public policy precludes enforcement of parental preinjury waivers. |
| Application of public policy and Tunkl factors | Galloway contends factors show improvidence and protect vulnerable children from waivers. | State contends factors do not compel invalidation and the public policy favors parents’ decisions. | Public policy supports invalidating parental preinjury waivers. |
| Clarity and sufficiency of waiver terms | Galloway asserts the waivers do not clearly express an intent to waive the child’s claims. | State asserts the waivers clearly and effectively waive liability. | Releases are unenforceable due to public policy; not necessary to assess mere clarity here. |
Key Cases Cited
- Huber v. Hovey, 501 N.W.2d 53 (Iowa 1993) (summary judgment and enforceability of preinjury releases)
- In re Estate of Barnes, 256 Iowa 1043, 128 N.W.2d 188 (Iowa 1964) (public policy and protective principles in estates)
- Shook v. Crabb, 281 N.W.2d 616 (Iowa 1979) (public policy in family context and redress for civil wrongs)
- Turner v. Turner, 304 N.W.2d 786 (Iowa 1981) (abrogation of absolute parental immunity for children)
- Anthony v. Anthony, 204 N.W.2d 829 (Iowa 1973) (public policy limits on waiving child support in exchange for visitation rights)
- Scott ex rel. Scott v. Pac. W. Mountain Resort, 119 Wash.2d 484, 834 P.2d 6 (Wash. 1992) (parental authority vs. postinjury settlements for minors)
- Hojnowski v. Vans Skate Park, 901 A.2d 387 (N.J. 2006) (children deserve protection from improvident preinjury releases)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367, 696 N.E.2d 201 (Ohio 1998) (parental authority and releases concerning minors)