Taneia Galloway Vs. State Of Iowa

790 N.W.2d 252, 2010 Iowa Sup. LEXIS 109
CourtSupreme Court of Iowa
DecidedNovember 5, 2010
Docket08–0776
StatusPublished
Cited by34 cases

This text of 790 N.W.2d 252 (Taneia Galloway Vs. State Of Iowa) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taneia Galloway Vs. State Of Iowa, 790 N.W.2d 252, 2010 Iowa Sup. LEXIS 109 (iowa 2010).

Opinions

HECHT, Justice.

A parent signed release forms waiving her minor child’s personal injury claims as a condition of the child’s participation in an educational field trip. This action was filed against the State after the child was injured during the trip. The district court granted the State’s motion for summary judgment, concluding the releases signed by the parent resulted in an enforceable waiver of the child’s personal injury claim. On appeal from the summary judgment ruling, we conclude the releases violate public policy and are therefore unenforceable.

I. Background Facts and Proceedings.

In July of 2005, fourteen-year-old Taneia Galloway attended a field trip to Milwaukee, Wisconsin, with Upward Bound, a youth outreach program organized by the University of Northern Iowa and the State of Iowa. On the field trip, Galloway was injured when she was struck by a car as she attempted to cross the street.

Before Galloway went on the field trip, her mother signed two documents entitled “Field Trip Permission Form” and “Release and Medical Authorization.” The first document read:

Classic Upward Bound Summer Residential Program
Field Trip Permission Form
Dear Parent(s)/Guardian(s):
Each summer the participants of the Classic Upward Bound Program attend field trips locally and out-of-town. This form must be completed in order for your son/daughter to participate in said events.
As the parent/guardian of Taneia Galloway, I hereby give my permission for him/her to participate in ALL field trips sponsored by the University of Northern Iowa Classic Upward Bound Program during the Summer Residential and the Academic Year Program. Tan-eia Galloway understands he/she is to follow all rules of the Classic Upward Bound Program while participating in these field trips.
Furthermore, I will not hold the University of Northern Iowa or any of its employees or agents responsible for any accidents, losses, damages or injuries resulting from the son/daughter’s participation in any or all the field trips. I also release the Classic Upward Bound Program, the University of Northern Iowa, and its employees and agents from all liabilities.
If the student is living with both parents/guardians, both parents/guardians must sign this form.

Galloway’s mother signed and dated the form on June 13, 2005. She also signed another form which read as follows.

RELEASE AND MEDICAL AUTHORIZATION
University of Northern Iowa Classic Upward Bound - Dates:
June 1, 2005-May 30, 2006 Read Carefully -
This document is a release and authorizes medical treatment.
Please return all copies of this form to the program staff. Registration is not considered complete until this completed form is filed with the University of Northern Iowa Classic Upward Bound Program.
The student will not be allowed to participate in the Classic Upward Bound Program if this information is not provided. This information is not routinely [254]*254provided to individuals or organizations outside the University, except as provided by law.
In consideration of the University of Northern Iowa granting the student permission to participate in the Classic Upward Bound Program, I hereby assume all risks of her/his injury (including death) that may result from any program activity. As parenVguardian I do hereby release and agree to indemnify, defend and hold harmless the University of Northern Iowa, State Board of Regents, State of Iowa, Classic Upward Bound and its officers, employees, agents and all participants in the program from and against all liability including claims and suits of law or in equity for injury (fatal or otherwise) which may result from any negligence and/or the student taking part in program activities.
I certify that within the past year the student has had a physical examination and that she/he is physically able to participate in all Upward Bound activities.
In the event of injury or illness, I hereby give my consent for medical treatment, and permission to program staff for supervising and performing, as deemed necessary by staff, on-site first aid for minor injuries, and for a licensed physician to hospitalize and secure proper treatment (including injections, anesthesia, surgery, or other reasonable and necessary procedures) for the student. I agree to assume all cost related to any such treatment. I also authorize the disclosure of medical information to my insurance company for the purpose of this claim. I understand each student must provide her/his own medical insurance.
I understand that I am responsible for any medical or other charges related to the student’s attendance at the University of Northern Iowa Classic Upward Bound Program.

Galloway, through her mother as next friend,1 filed suit against various parties, including the State of Iowa. The State moved for summary judgment, contending the releases signed by Galloway’s mother waived any claims against it for negligence. The district court concluded the releases constituted a valid waiver of Galloway’s claims and granted summary judgment. Galloway appeals.2

II. Scope of Review.

Our review is for correction of errors at law. Iowa R.App. P. 6.907. When reviewing a grant of summary judgment we must determine if “the moving party has demonstrated the absence of any genuine issue of material fact and is entitled to judgment as a matter of law.” Huber v. Hovey, 501 N.W.2d 53, 55 (Iowa 1993). “Summary judgment is proper if the only issue is the legal consequences flowing from undisputed facts.” Id. Determining the legal effects of a contract is a matter of law to be resolved by the court. Id. at 55-56.

III. Discussion.

Galloway makes three arguments on appeal that we should conclude the releases signed by her mother are void and unenforceable. First, she asserts we should follow a majority of other state courts that have concluded it is against public policy [255]*255for a parent to waive liability for a child’s injury before the injury occurs. In the alternative, she argues an application of the factors enunciated in Tunkl v. Regents of University of California, 60 Cal.2d 92, 32 Cal.Rptr. 33, 383 P.2d 441 (1963), demonstrates it is against public policy to enforce releases signed by a parent as a condition of the child’s participation in an educational activity. Her final contention is that these particular releases are insufficient to waive the State’s liability because the intent to waive liability is not clearly expressed.

Galloway’s primary argument is that public policy considerations should lead this court to conclude preinjury releases executed by parents as a condition of their children’s participation in educational activities are incompatible with public policy and therefore unenforceable.

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Bluebook (online)
790 N.W.2d 252, 2010 Iowa Sup. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taneia-galloway-vs-state-of-iowa-iowa-2010.