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Posted: 8:31 AM Jul 1, 2008
Supreme Court to Hear Fatal Rafting Case
The WV State Supreme Court will hear a case in September that could affect the future of West Virginia's rafting industry.
Reporter: Associated Press Email Address: news@wsaz.com |
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CHARLESTON, W.Va. (AP) - The state Supreme Court will hear a case in September that could affect the future of West Virginia's rafting industry.
Lawyers for rafting outfitter River Riders Inc. want the high court to stop Jefferson County Circuit Court from proceeding with a case involving a fatal 2004 rafting accident on the Shenandoah River.
Circuit Judge Thomas Steptoe has consolidated a wrongful death lawsuit filed by Kathy Freeman, the widow of the man killed on the trip, and a personal injury lawsuit filed by other rafters. The trial is set for July 27.
Steptoe is allowing the case to be argued under maritime law, which means the rafting company couldn't use waivers the rafters signed in its defense. The company's lawyers say this precedent could have a crippling effect on the industry.
Latest Comments
Posted by: Jim
on Jul 11, 2008 at 05:00 PM
Being a raft guide, with a degree in recreation I've spent my share of time reviewing liability cases involving gross negligence. The whole basis of this trial isn't relevant to the signing of a waiver. The reason River Riders Inc. is being sued is on a basis that they took a trip out in flood conditions, with a Flood Warning issued by the National Weather service. By doing this they were in violation of the West Virgina Whitewater Responsibility Act, which makes them liable for a wrongful death law suit. Gross negligence is the only term that should be used to describe River Riders actions on that day, and it's a horrible shame that someones life was lost because of their poor choice in judgment, derived from the idea of turning a profit. Do I want to see the rafting industry suffer because of the ruling of this case? Of course not, but this is a question of right and wrong, not of personal interest.
Posted by: michael
on Jul 3, 2008 at 11:02 AM
Having been a commercial river guide it was my understanding that the only grounds for a lawsuit were negligence. I also was told that waivers cannot apply to negligence. If the outfitter was negligent and that led to this mans death I would hope the lawsuit would put them out of business. I have seen far too many dangerous activities occur for the sake of a dollar. When you take money to guide people you need to be held to a very high standard. Without knowing the facts of this case it is impossible to judge the decision by the court. But putting it under maritime law is VERY interesting. It is up to the State Supreme Court to decide if maritime law applies and the outcome will be interesting no matter what they decide. But waivers should not immunize outfitters or businesses from stupid or dangerous practices.
Posted by: Don
on Jul 2, 2008 at 07:08 PM
I know of at least two people who have died golfing... should we shut down every golf course? One died falling off a golf cart and the other had heat stroke. So, is it the golf courses fault they allowed people to golf when it's hot or ride in a cart? And, what does this Judge do for fun? Does he take any responsiblity for himself?
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