Recent Legal Developments

Release Found Not Applicable to Gross Negligence Claim

In Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, the parents of a 14-year-old child, who drowned while participating in a city's recreational program for disabled children brought a wrongful death action against defendants city and its employee, a program counselor. The parents had signed an application form releasing the city and its employees from liability for “any negligent act.”

The parents filed their wrongful death action, defendants moved unsuccessfully for summary judgment based upon the release of all negligence. Defendants then filed a petition for writ of mandate. The Court of Appeal denied the petition, holding that, although the release was effective insofar as it concerned defendants' liability for ordinary negligence, it was unenforceable in regards to gross negligence, defined in California as either (1) a failure to exercise even slight care, or (2) an extreme departure from the ordinary standard of conduct. The California Supreme Court affirmed the opinion of the appellate court, noting that a release of gross negligence would be against the public interest.

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