Torts -- Automobile accident -- Injuries to minor -- Action against caretaker on behalf of minor injured in automobile accident alleging caretaker breached common law duty to use reasonable care in caring for child by failing to use proper child passenger restraint -- Statute stating that “[t]he failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence” does not prohibit introduction of any evidence of the failure to provide and use a proper child passenger restraint in a negligence action brought by an injured child against a caretaker who allegedly failed to secure the child in such a device prior to the automobile accident that caused the injuries -- Statute interpreted as prohibiting evidence of comparative negligence and evidence of negligence that may be similarly used to reduce an injured child's recovery -- Court rejects defendant's contention that statute is, in essence, a grant of immunity
Reported at 33 Fla. L. Weekly D517a

Torts -- Negligence -- Exculpatory clause -- Action against YMCA by plaintiff who was injured by using exercise equipment at YMCA, alleging that YMCA was negligent in failing to maintain, inspect, and repair exercise equipment -- Trial court erred in entering summary judgment for defendant YMCA on ground that exculpatory clause in membership application signed by plaintiff released YMCA from liability -- Where exculpatory clause stated that YMCA is not liable for “any claims based on negligence,” but also included language suggesting that YMCA will take “every reasonable precaution” against accidents, waiver of liability did not clearly and unequivocally release YMCA from liability for its own negligence     Reported at 33 Fla. L. Weekly D525a
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