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Buyck v. Wedgwood Christian Youth and Family Services11/25/2003
UNPUBLISHED
Plaintiffs appeal the trial court's grant of summary disposition to defendant. We vacate the trial court's order and remand for further proceedings consistent with this opinion.
I. Facts and Procedural History
DeSean Eugene Buyck became a temporary court ward on July 1, 1996 and, thereafter, lived as a resident of Wedgwood Christian Youth and Family Services, Inc. Plaintiff Damon Buyck is DeSean's biological father whose parental rights were terminated on August 28, 1997. The parental rights of Markeeta Martin, DeSean's biological mother, were also terminated. Pursuant to the termination proceedings, DeSean was committed to the Michigan Children's Institute of the Family Independence Agency (FIA). FIA contracted with Wedgwood for the placement and treatment of DeSean. A foster care worker, Denise Terry-Smith, signed a "Parent/Guardian Admission Consent" that contained a provision that gave Wedgwood permission to include DeSean in special trips and outings, including trips out of Kent County or Michigan. Terry-Smith initialed the following statement on the form:
I understand that Wedgwood will provide/arrange for supervision on these trips.
I AGREE NOT TO HOLD WEDGWOOD, OR ANY REPRESENTATIVE THEREOF, RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LIABILITIES, ACCIDENTS OR INJURIES WHICH MAY RESULT DURING SUCH TRIPS. I HAVE READ, UNDERSTAND, AND AGREE TO THIS ITEM.
On August 3, 2000, DeSean drowned during a Wedgwood fieldtrip to Holland State Park. Following DeSean's death, the Wayne County Probate Court appointed Damon Buyck and Juanita Martin, Markeeta Martin's grandmother, as co-personal representatives of DeSean's estate. Damon Buyck and Juanita Martin filed this wrongful death action on November 14, 2000, and alleged that Wedgwood breached its duty of care because the staff allowed DeSean to enter the water despite his inability to swim, failed to heed warnings about hazardous water conditions, failed to provide adequate or experienced supervision, and allowed DeSean to go outside designated swimming areas.
Thereafter, Wedgwood filed a motion and asked the trial court to declare that, because the parental rights of both Damon Buyck and Markeeta Martin were terminated, neither they nor any biological relative may inherit from DeSean's estate. In response, plaintiffs argued that DeSean's maternal and paternal grandparents and four half-siblings are entitled to recover damages under the wrongful death act. Plaintiffs also asked the trial court to defer judgment on the motion until the Wayne Circuit Court could review and decide whether Damon Buyck's parental rights were improperly terminated.
Wedgwood also filed a motion for summary disposition and argued that the estate's claim is barred by the pre-injury release signed by Terry-Smith. In response, plaintiffs argued that, under Michigan law, a parent or guardian has no authority to waive or release a claim by or against a child. In a written order entered on June 11, 2001, the trial court granted defendant's motion for summary disposition on the grounds that the action is barred by the release.
II. Standards of Review
Defendant brought this motion pursuant to MCR 2.116(C)(7) and (C)(8). "We review a trial court's grant or denial of summary disposition de novo." Diehl v Danuloff , 242 Mich App 120, 122; 618 NW2d 83 (2000). "Summary disposition of a plaintiff's complaint is proper where there exists a valid release of liability between the parties." Wyrembelski v City of St. Clair Shores , 218 Mich App 125, 127; 553 NW2d 651 (1996), quoting Adell v Sommers, Schwartz, Silver & Schwartz, PC , 170 Mich App 196, 201; 428 NW2d 2
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