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2021 Legal Issues High Sch. Athletics [1] (2021)

handle is hein.hackneytwo/lihsa2021 and id is 1 raw text is: January-February 2021
FROM THE EDITOR
In This Issue
Legal Issues in High School
Athletics is a bimonthly newsletter Case Summaries and Articles
that features detailed caseCaeSm      risndAtcs
summaries, articles and news  . Clarity is Key - Clear and Conspicuous Language
briefs that are relevant to high
school athletics.             Ms    eUe   nPeGm.3lae
* Tveter v. inern cad. - A   ser Look a
LIHSA is edited by Holt Hackney. Accommodation Development and Adherence
a veteran legal journalist.
Subscriptions to LIHSA are $99.    ale  esoto chool oard: Parents Seek
To subscribe, visit here.     Leal Redress for Coach's Bulyin of
Cheerleaders After School District Failed to Act
C sWashinton tate uAppeals Cort Airs Ruling
that School District Fulfilled Its Duty in
Concussion Case
 Free Speech Issues Impalicated in Litigation
Involvin pih Schoo    lathlete
 Soccer Players' Head Inry Risk Could Be
Red ced with Sip le austmaents tote all
Clarity is Keyt- Clear and Conspicuous Language Must be
Used in Pre-Game Releases
By John Tyrrell
On January 6, 2021, a split panel of The Fourth District Court of Appeal for the State of
Florida refused to revive a high school soccer player's negligence lawsuit against the
School Board of Broward County (School Board) after the trial court granted
summary judgment. Elalouf v. School Board of Broward County, 4D1 9-3272 (Fla. 4th
DCA 2021). The trial court found that a pre-game release precluded a negligence
claim against the School Board.
In 2013, Appellant/Plaintiff Ethan Elalouf was a 15-year-old varsity soccer player at
Western High School in Davie, Florida. In order to play, Elalouf and a parent/guardian
were required to execute a one-page Florida High School Athletic Association
(FHSAA) Consent and Release from Liability Certificate (Release). The Release
became the central issue in the case.
On December 9, 2013, Elalouf's team was playing a game at Piper High School in
Sunrise, Florida. During the game, Elalouf was tackled by another player, causing him

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