April 16, 1988 |

Appellate, Tort, Release of Liability

Our client (YMCA) provided scuba diving instruction but it required that participants sign a release as a condition of participation. An instructor took two students for an extra ocean diving session and one of the students drowned, for reasons which were never determined. We filed a Motion for Summary Judgment based on the release, which motion was denied by the trial court. We then filed a writ with the Court of Appeal. Writs for review of a denial of a summary judgment, on behalf of defendants, are rarely granted. In a published decision, the Court of Appeal issued a writ requiring the trial court to grant the Motion for Summary Judgment. Madison v. Superior Court (1988) 203 Cal.App.3d 459.