14-year old Christopher Jones was taken by his father to Thunder Cross Motor Sports Park in Okeechobee to ride his ATV. To gain entry to Thunder Cross, the father signed a release and waiver of liability for Christopher. Christopher’s parents were divorced, and his mother did not approve him riding the ATV because she thought it was dangerous.  

While attempting a particular jump, Christopher lost control of his ATV, was ejected, and hit the ground with the ATV landing on top of him.  Christopher died. Rubin & Rubin took the case, embarked on an intensive investigation into Thunder Cross, its history of accidents by minors and whether it operated the facility with appropriate safety protections.  Even with overwhelming evidence uncovered by Rubin & Rubin lawyers and staff, the local judge dismissed the case before trial finding the father’s signing of the release waived any rights of the mother for wrongful death.

Rubin & Rubin appealed the case all the way to the Florida Supreme Court. In its decision (Kirton v. Fields, 997 So. 2d 349, 351 (Fla. 2008)), the Supreme Court changed the law in Florida which now says that a release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor’s estate in a tort action arising from injuries resulting from participation in a commercial activity.

We are honored and proud to have the capacity and opportunity to represent clients seeking justice at every level of our court system.   Grieving and devastated parents desperately need quality guidance, representation, empathy and the benefit of experienced lawyers committed to their pursuit of justice from the day of the accident to the day of the resolution.

If you or a loved one suffered a similar catastrophic loss, call Rubin & Rubin.  We would be honored to share our experiences with you and discuss how we might help you.