White v. Village of Homewood

White (plaintiff) applied to become a Homewood firefighter and paramedic and, as required, signed an exculpatory agreement releasing the Village of Homewood (defendant) from liability before taking a mandatory physical-agility test; she was injured during the test and sued for negligent administration. Homewood moved to dismiss based on the release, and the trial court granted the motion; White appealed.

Whether a party's performance of a pre-existing legal duty constitutes sufficient consideration to support a binding exculpatory contract.