Release Enforced.

As her parents watched, a 17-year-old died when the horse she was riding in a competition stumbled, threw her off and then fell on top of her. A release, signed by the rider and the rider’s mother, states they all agreed to hold the trainer/coach “completely harmless and not liable and release [Trainer] from all liability whatsoever, and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, costs or expenses arising out of Rider’s use of Trainer’s services or facilities . . .” The parents’ complaint alleges the trainer/coach gave the girl a horse that “was unfit to ride because of prior falls and lack of practice.” The court granted a Code of Civil Procedure section 631.8, motion after the parents presented their case in chief in a court trial. In affirming the judgment, the appellate court stated: “the release is enforceable and can be asserted by [trainer/coach] as a defense to the [parents’] wrongful death and NIED claims and [trainer/coach] can therefore be liable only if [decedent’] death was caused by [trainer/coach] gross negligence. In the unpublished portion, we conclude that the [parents] failed to establish that [trainer/coach] was grossly negligent.” (Eriksson v. Nunnink (Cal. App. Fourth Dist., Div. 2; January 27, 2015) 233 Cal.App.4th 708, [183 Cal.Rptr.3d 234].)