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Hojnowski v. Vans Skate Park3/10/2005
gree with the majority's disdain for a parent's pre-tort release of a child's claims, I agree that in this case the arbitrator must determine how this incident occurred. Other than the analytical differences we have expressed in arriving at this point, the only difference in result lies with my belief that the arbitrator should determine how the incident occurred in order to determine whether the pre tort release governs this claim, whereas the majority would have the arbitrator determine how the incident occurred in order to determine whether Vans' defense of assumption of the risk bars Andrew's claims. As played out in the arbitration proceedings in this case, the distinction drawn in our separate opinions may have no practical consequence. However, we write not just for the case at hand. There may very well be other future instances, involving the same or similar pre-tort releases, where the consequences of our differing views would not be indistinguishable as ultimately is the case here.
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