AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• A minor child enrolled in a gymnastics academy suffered a serious ankle injury during vault practice. The parent had signed a waiver of liability for negligence on behalf of the child upon enrolling the child in an advanced gymnastics training and competition program at the academy. The parent filed a complaint seeking damages for the injury, alleging it was caused by the academy's negligent placement of gymnastics equipment.

Procedural History

• District Court of Sandoval County: The court granted the academy's motion for summary judgment, dismissing the case based on the enforceability of the waiver of liability signed by the parent.

Parties' Submissions

• Plaintiff-Appellant: Argued that the waiver of liability for negligence signed on behalf of the minor child should not bar the action for damages due to the child's injury, challenging the clarity and enforceability of the waiver under New Mexico law and public policy.
• Defendants-Appellees: Contended that the waiver of liability signed by the parent was clear, unambiguous, and enforceable under New Mexico law, effectively barring the plaintiff's action for the child's injury allegedly caused by negligence.

Legal Issues

• Whether a waiver of liability for future negligence, entered into by a parent on behalf of their minor child, is enforceable against the child in a case involving personal injury sustained during participation in recreational activities at a gymnastics academy.

Disposition

• The Court of Appeals affirmed the district court's decision, holding that the waiver of liability for negligence is enforceable under New Mexico law and public policy, thereby barring the parent's action for damages on behalf of the minor child.

Reasons

• The majority opinion, authored by Judge Yohalem and concurred by Judge Hanisee, found that the waiver of liability was clear, unambiguous, and enforceable under New Mexico law and public policy, allowing parents to make decisions regarding their children's participation in recreational activities that involve risks of injury. The court applied the analysis from Berlangieri and the Tunkl factors, concluding that the waiver did not violate public policy and that the decision to enforce such waivers lies with the Legislature, not the courts (paras 1-35). Judge Bustamante dissented, arguing that the waiver form was ambiguous and that parents should not be able to waive their minor children's potential tort claims in such circumstances, suggesting a departure from the majority's reliance on the Tunkl factors for analyzing the enforceability of the waiver (paras 37-51).