Madison v. Superior Court

Rule of Law:

A clear, unambiguous, and explicit pre-injury release agreement in which a person expressly assumes the risk of and waives liability for future negligence in a non-essential recreational activity provides a complete defense to a subsequent wrongful death action brought by that person's heirs. While a decedent cannot release their heirs' independent wrongful death claim, their express assumption of the risk of negligence bars the claim by negating the defendant's duty of care.

Facts:

• Ken Sulejmanagic, age 19, enrolled in a scuba diving course offered by the YMCA and taught by Norman Madison.
• Upon enrollment on July 29, 1986, Ken signed a 'Waiver, Release and Indemnity Agreement.'
• The agreement explicitly stated he released the YMCA and Madison from any and all actions for wrongful death arising from the activity, even if caused by their negligence.
• On November 15, 1986, Ken was participating in a final makeup dive for the course.
• During the dive, instructor Rene Rojas brought Ken to the surface because he was low on air.
• Rojas instructed Ken to swim to a buoy and then left him alone on the surface to continue the dive with another student.
• Approximately 10 minutes later, when Rojas and the other student surfaced, Ken was missing.
• Ken's body was later found on the ocean floor; he had drowned.

Procedural Posture:

• Sulejman and Maida Sulejmanagic, the decedent's parents, filed a wrongful death action against Norman Madison and the YMCA of Metropolitan Los Angeles in a state trial court.
• The defendants filed a motion for summary judgment, arguing that the release signed by the decedent barred the lawsuit.
• The trial court denied the defendants' motion for summary judgment, finding that triable issues of material fact existed.
• The defendants (petitioners) then sought a writ of mandate from the Court of Appeal, asking it to direct the trial court to vacate its order and grant their summary judgment motion.