Murphy v. North American River Runners
West Virginia Supreme Court of Appeals
412 S.E.2d 504 (1991)
- Written by Jody Stuart, JD
Facts
Kathleen Murphy (plaintiff) paid to go whitewater rafting with North American River Runners, Inc. (Runners) (defendant), a licensed commercial whitewater outfitter. Before the rafting trip, Murphy signed a release form intended to exempt Runners from liability. During the rafting trip, the Runners commercial whitewater guide engaged in a rescue operation of another Runners raft that had become stuck among some rocks. The guide attempted to dislodge the stuck raft by intentionally bumping it with the raft in which Murphy was riding. As a result, Murphy was forcefully thrown and injured. Murphy filed a personal-injury action against Runners in trial court. Runners moved for summary judgment. An affidavit on behalf of Murphy in opposition to Runners’ motion, sworn by an experienced whitewater rafting guide, alleged that there were reasonable alternatives to the guide’s rescue operation that would have posed no risk of harm to the passengers in Murphy’s raft. The trial court granted the motion for summary judgment based on the release Murphy signed.
Rule of Law
Issue
Holding and Reasoning (McHugh, J.)
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