In a decision issued on February 12, 2013, a North Dakota district court upheld a liability waiver in a case involving a pool accident. On June 13, 2008, Trinity Dickerson went swimming at a community center while on a field trip with an after school program funded jointly by the Bismarck Public School District and area YMCA. Prior to enrolling in the program, Ms. Dickerson’s mother signed a release stating she understood the program did not carry medical insurance and she would be responsible for any medical expenses incurred by her daughter.
While on the field trip, Ms. Dickerson was found unresponsive in the community center pool. She survived, but sustained serious brain injuries. She filed a lawsuit against Bismarck Public Schools, the community center and the area YMCA. Mark J. Condon successfully argued the language in the release signed by Ms. Dickerson’s mother was “clear and unambiguous.” As a result, the court held Ms. Dickerson exonerated the YMCA from liability for any injury while her daughter was participating in the program and granted the YMCA’s Motion to Dismiss.