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Henderson v. Quest Expeditions

Court of Appeals of Tennessee
174 S.W.3d 730 (2005)


Facts

Nathan Henderson (plaintiff) was injured during a white-water rafting trip operated by Quest Expeditions, Inc. (Quest) (defendant). After completing the trip, Henderson and other rafters were put on two different buses so that they could be taken back to their vehicles. While disembarking from the first bus, Henderson slipped and fell, sustaining severe injuries. Henderson and his wife (plaintiff) filed a negligence suit against Quest, seeking damages. In its answer to the complaint, Quest conceded that Henderson had participated in the rafting trip, but argued that Quest was immune from liability due to a Waiver and Release of Liability form that Henderson had signed prior to the trip. The Hendersons claimed that the waiver document was void as against the public policy of the state. The trial court disagreed and granted summary judgment in favor of Quest. The Hendersons appealed.

Rule of Law

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Issue

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Holding and Reasoning (Franks, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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