Application for Appeal to Tennessee Supreme Court Filed
We just filed a Rule 11 Application for Permission to Appeal to the Tennessee Supreme Court for a firm client in Blackwell v. Sky High Sports Nashville, LLC, regarding pre-injury parental releases or minor liability waivers. Here is an excerpt from the Application:
"This Court should grant Sky High Nashville’s Application because it presents important questions, which significantly implicate the public interest, and ultimately require a uniformity of decision announced by this Court.
First, there is a need to secure a uniformity of decision as to each of the questions presented in this Application. Second, this Court should grant Sky High Nashville permission to appeal because the crucial question of whether Tennessee law affords Ms. Blackwell, as Mr. Blackwell’s parent, the authority to execute a parental liability release is ripe for this Court’s review. Indeed, Sky High Nashville submits that this case presents important legal questions, which even the Tennessee Court of Appeals recognized, that have developed a split of authority in cases from other states, which significantly affect the public interest and, in particular, the interests of Tennessee parents and their children, not to mention businesses and organizations that provide athletic-activities geared toward minors in Tennessee.
With all due respect to the Tennessee Court of Appeals, Sky High Nashville submits that there has been a recent strong shift towards favoring enforcement of parental liability releases since its decision in Childress almost thirty years ago."
We look forward to learning whether the Tennessee Supreme Court will exercise its discretion and accept the appeal in this important case.