## Facts

- Alicia Meyer, a minor, took horseback-riding lessons at a riding school operated by Naperville Manner, Inc.
- At the outset, Alicia’s mother signed a written waiver purporting, as parent and guardian, to release the riding school from all personal-injury claims arising from Alicia’s lessons.
- The waiver was not executed under any statute governing a minor’s claim and was not judicially approved.
- During a lesson, Alicia was allegedly injured while riding a horse owned by Naperville Manner.
- Alicia, through her parents, sued Naperville Manner for negligence seeking damages for personal injuries.
- Naperville Manner moved for summary judgment, relying primarily on the parental waiver and also asserting additional grounds based on alleged defects in the pleading and record.
- The circuit court granted summary judgment for Naperville Manner, and Alicia appealed.

## Issues

1. Whether a parent’s pre-injury release can bar a minor’s later personal-injury claim against a commercial recreational provider absent statutory authority or judicial approval.
2. Whether independent grounds in the summary-judgment record supported judgment as a matter of law on any part of the minor’s negligence case.

## Decision

- The appellate court affirmed in part, reversed in part, and remanded.
- The court held the parental pre-injury waiver was unenforceable and could not bar the minor’s negligence claim.
- Because summary judgment rested substantially on the waiver, the court reversed summary judgment to the extent it depended on the waiver and remanded for further proceedings.
- The court affirmed summary judgment only as to any portions supported by grounds unrelated to the waiver.

## Legal Principles

- In Illinois, a parent lacks authority, absent statutory authorization or judicial approval, to prospectively release or waive a minor child’s future personal-injury cause of action by private contract.
- Procedures that compromise or release a minor’s claim generally require court oversight focused on the minor’s best interests; a private pre-injury waiver does not substitute for that protection.
- Summary judgment is proper only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law; an invalid release cannot supply entitlement to judgment.

## Conclusion

The court refused to enforce a parent-signed pre-injury liability waiver to extinguish a child’s future negligence claim against a commercial riding school without statutory authority or judicial approval, reversed summary judgment to that extent, and remanded for further proceedings while affirming any unrelated portions of the judgment supported by the record.


Meyer v. Naperville Manner, Inc., 634 N.E.2d 411 (Ill. App. Ct. 2d Dist. 1994)