Riddle v. Universal Sport Camp

786 P.2d 641 (1990)

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Nature of the Case

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Facts

P was a cheerleader for Kansas State University during the 1983-84 and 1984-85 academic years. She signed a release to the University in 1983, but apparently signed no such release in 1984. As a condition of her participation in cheerleading, she was required to attend D in Memphis, Tennessee. P was involved in building a 'toe-touch pyramid' and fell approximately fifteen feet and landed on her face. D employees told her she probably had a hyperextended back and did not recommend medical treatment. The next day P participated in pyramid formations despite pain and back spasms. Three days later, P's back was x-rayed, and she was diagnosed as suffering from a fractured vertebra. She received injections, medication, and therapy. She eventually was released to return to cheerleading, which she continued to do in a limited capacity to the end of the 1984-85 basketball season. P sued D. Prior to participating in the camp, P signed a 'Medical Treatment Form,' Section A of which provided for insurance, and Section B of which reads in part: 'I further acknowledge and understand and agree that in participating in this camp there is a possibility of physical illness or injury and that my daughter/son is assuming the risk of such illness or injury by his/her participation. Payment of any medical bills incurred by my daughter/son will be paid by myself or our insurance company.' (Emphasis added.) P signed in her own capacity as a camper over the age of eighteen. Tennessee, with limited exceptions, recognizes the validity of such exculpatory clauses. The court granted summary judgment and P appealed.