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Contracts Keyed to Summers
Henderson v. Quest Expeditions
Facts
Nathan Henderson (Plaintiff) was injured during a white-water rafting trip operated by Quest Expeditions, Inc. (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 Defendant, seeking damages. In its answer to the complaint, Defendant conceded that Henderson had participated in the rafting trip, but argued that Defendant was immune from liability due to a Waiver and Release of Liability form that Henderson had signed prior to the trip. Plaintiffs 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 Defendant. Plaintiffs appealed.
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