Wabash County Young Men's Christian Ass'n v. Thompson ex rel. Thompson
2012 Ind. App. LEXIS 428
| Ind. Ct. App. | 2012Background
- Taylor Thompson, a minor, was allegedly injured on YMCA Field of Dreams premises during a Wabash Metro Summer Baseball/Softball League event on May 28, 2009.
- Taylor’s complaint in 2011 alleged negligence by the YMCA for failure to inspect, warn, and prevent hazards related to second base’s condition.
- The YMCA moved to dismiss under Trial Rule 12(B)(6) and attached a parent-signed release that purported to hold the YMCA harmless.
- Taylor argued the release required court approval to bind a minor, and that the document did not address negligent maintenance of the property.
- The trial court denied the YMCA’s motion; the appellate court later granted jurisdiction to review the denial as a summary-judgment question.
- The issue on appeal was whether the trial court erred in denying summary judgment, given the release and its applicability to the injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the release is valid to bar Taylor’s injury claim | Taylor: release lacks required court approval for a minor; not valid to bind minor’s claims. | YMCA: release valid; statute governs post-injury settlements, not pre-injury releases; waiver covers the risk. | Release valid; YMCA entitled to judgment. |
| Whether the exculpatory language sufficiently references negligence | Taylor argues the form does not explicitly release YMCA from negligent acts. | YMCA argues the language suffices to bar damages inherent in the activity. | Release not required to mention negligence explicitly; effect limited to inherent activity risks. |
Key Cases Cited
- Stowers v. Clinton Cent. Sch. Corp., 855 N.E.2d 739 (Ind. Ct. App. 2006) (exculpatory clauses require explicit reference to negligence for liability to be absolved)
- Marsh v. Dixon, 707 N.E.2d 998 (Ind. Ct. App. 1999) (exculpatory clauses can bar liability but must be explicit about negligence)
- Anderson v. Four Seasons Equestrian Ctr., Inc., 852 N.E.2d 576 (Ind. Ct. App. 2006) (exculpatory clause may bar liability for inherent risks; specificity not always required)
- Bellew v. Byers, 396 N.E.2d 335 (Ind. 1979) (parental releases for minors can be valid in certain contexts)
- Zivich v. Mentor Soccer Club, Inc., 696 N.E.2d 201 (Ohio 1998) (distinguishes pre-injury releases from post-injury releases and parental authority)