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Case Brief Reuther v.Southern Cross Club

Case Brief Reuther v.Southern Cross Club - occurred on the...

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Belen Cardenas Andrew Ault Case brief 11 4/22/2009 Reuther v. Southern Cross Club, Inc. 785 F. Supp 1339(1992) Facts: Reuther hired Southern Cross to take him scuba diving. He signed a release form with the club that stated that if he got injured in any activity during scuba diving, which included instruction, diving, or snorkeling, then Southern Cross was not liable for it. During the boat ride to the dive site, the driver was negligent and drove into a giant wave. The boat toppled over, and Reuther was injured. He sued Southern Cross, and they filed for summary judgment. Issue: Whether or not the lease that the plaintiff signed was valid in the case of the accident that
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Unformatted text preview: occurred on the boat rather than on the actual scuba dive. Holding: No the lease was not valid in the case of the accident that occurred on the boat. Rationale: The wording of the release refers only to “the potential dangers incidental to scuba diving, instruction, or snorkeling.” It specifically warns about “lung overexpantion” and that a person must be in good health to scuba dive. Nowhere in the lease does it cover potential injury on the boat or any type of injury on the boat ride. Result: Denied...
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