Scroggs v. Coast Community College District
193 Cal. App. 3d 1399, 239 Cal. Rptr. 916, 1987 Cal. App. LEXIS 1984 (1987)
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Rule of Law:
A pre-injury release signed by a decedent does not bar their heirs from bringing a subsequent wrongful death action because the cause of action for wrongful death is an independent right that belongs to the heirs and only arises upon the decedent's death.
Facts:
- In September 1982, Frank W. Scroggs enrolled in a scuba diving course offered by Coast Community College.
- As a condition of enrollment, Scroggs executed a release and waiver form prepared by the college.
- The release stated that Scroggs and his "heirs, representatives, executors and administrators" waived any claims against the college for injury or death arising from participation in the scuba class.
- The following February, Frank W. Scroggs drowned during a class certification dive.
- Maurine Scroggs is the surviving spouse of Frank W. Scroggs.
Procedural Posture:
- Maurine Scroggs filed a wrongful death complaint against Coast Community College and Barry Bandaruk in the trial court.
- The defendants moved for summary judgment, arguing the action was barred by the release Frank Scroggs had signed.
- The trial court granted the defendants' motion for summary judgment, and a judgment was entered against Maurine Scroggs.
- Maurine Scroggs (appellant) appealed the summary judgment to the intermediate appellate court.
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Issue:
Does a release and waiver signed by a decedent before his death, which purports to waive any claims his heirs may have, bar his surviving spouse from bringing a wrongful death action?
Opinions:
Majority - Smallwood, J.
No. A pre-injury release signed by the decedent does not bar a wrongful death action by his heirs. California's wrongful death statute creates a new and independent cause of action in favor of the heirs that is distinct from any claim the decedent would have had. This right of action does not come into existence until the decedent's death, and therefore, the decedent cannot prospectively waive or release a claim that does not yet exist and does not belong to him. While a defendant may assert defenses based on the decedent's conduct (such as assumption of risk or contributory negligence), these defenses do not destroy or preclude the heirs' right to bring the action in the first place. The court distinguished this from arbitration agreements, which merely dictate the forum for a dispute and do not eliminate the substantive right to a claim. Furthermore, the court noted that the release in this case was deficient as a defense because it did not contain clear and unequivocal language waiving the defendants' own negligence.
Analysis:
This decision reinforces the long-standing California doctrine that a wrongful death claim is a new, independent cause of action belonging to the heirs, not a derivative claim inherited from the decedent. It significantly limits the ability of organizations offering high-risk activities to use pre-injury liability waivers to completely shield themselves from wrongful death lawsuits. The ruling clarifies that while such a waiver might be used to establish a defense like express assumption of the risk, it cannot function as an absolute bar to prevent heirs from filing the suit. This forces courts and defendants to analyze the specific language of a release to determine its defensive value rather than dismissing the entire action at the outset.
