Court of Appeals Accepts Interlocutory Appeal in Minor Liability Waiver Case
We recently learned that the Tennessee Court of Appeals has granted the parties' applications for an interlocutory appeal in a case involving enforcement of minor liability waivers. We previously blogged about the case here and here. The appellate court stated:
This Tenn. R. App. P. 9 application for permission to appeal arises out of a personal injury suit involving a minor child who was injured at an indoor trampoline park operated by the defendant, Sky High Sports Nashville Operations, LLC ("Sky High"). Sky High seeks an interlocutory appeal of the trial court's order denying Sky High's motion to enforce a contract, signed by the child's mother, containing a choice of law clause, a forum selection clause, and a liability waiver. The plaintiff does not object to an interlocutory appeal but requests that the court also consider the issue of whether the minor child can recover medical expenses on his own behalf. The trial court granted permission to appeal as to both matters on February 23, 2016. We concur with the trial court that this is an appropriate case for an interlocutory appeal. It is, therefore, ordered that both parties' requests for permission to appeal be granted. The trial court clerk shall prepare and transmit a record within thirty (30) days following the entry of this order. The briefing schedule provided by Tenn. R. App. P. 29 shall run from the date the record is filed with the clerk of this court. The plaintiff shall proceed as the appellant for the purposes of briefing and oral argument.
It is increasingly rare for the appellate courts to grant applications for interlocutory appeal. We look forward to further developing the case for resolution by the Tennessee Court of Appeals.