Supreme Court of Louisiana
521 So. 2d 1123 (1988)
In 1983, Gregory Murray was diving in the shallow end of the pool at the Ramada Inn in Shreveport, Louisiana. On his third attempt, Murray struck his head on the bottom of the pool. Murray became paralyzed instantly and died five months later. Murray’s wife and son (plaintiffs) brought a negligence suit against Ramada Inns, Inc. (Ramada) (defendant). At trial, the evidence showed that no lifeguard had been on duty and that no sign had warned pool users against diving in the shallow end. However, there was testimony that Murray had been aware of the risks of diving in shallow water. Ramada urged the judge to instruct the jury on assumption of the risk, but the trial judge refused, arguing that assumption of the risk had been replaced by comparative negligence. The jury awarded Murray’s wife and son $250,000 each, but determined that Murray was 50 percent responsible and reduced the awards accordingly. Ramada appealed, and the court of appeals certified to the Supreme Court of Louisiana the question of whether assumption of the risk still applied in Louisiana after the principle of comparative fault had been adopted.
Rule of Law
Holding and Reasoning (Calogero, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.