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news Potential Industry Changing Events Unfolding in WV New

Forum: BoaterTalk
Date: Jul 03 2008, 1:13 GMT
From: unclefuzzy

FROM THE WSAZ WEBSITE:

CHARLESTON, W.Va. (AP) - The state Supreme Court will hear a case in September that could affect the future of West Virginia's rafting industry.

Lawyers for rafting outfitter River Riders Inc. want the high court to stop Jefferson County Circuit Court from proceeding with a case involving a fatal 2004 rafting accident on the Shenandoah River.

Circuit Judge Thomas Steptoe has consolidated a wrongful death lawsuit filed by Kathy Freeman, the widow of the man killed on the trip, and a personal injury lawsuit filed by other rafters. The trial is set for July 27.

Steptoe is allowing the case to be argued under maritime law, which means the rafting company couldn't use waivers the rafters signed in its defense. The company's lawyers say this precedent could have a crippling effect on the industry.

www.wsaz.com/news/headlines/22755024.html

www.forbes.com/feeds/ap/2008/07/01/ap5174856.html
 

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note So WV is going to kill off the ONLY green industry & one of the largest economic impacts in the state. tcookson New
more The impact could be more widespread than WV unclefuzzy New
note Totally agree there, but its a WV case & a WV judge who allowed the ruling. tcookson New
note Green industry? (warning--partial thread jack) LuvLu New
feedback Well, relative to coal mining, yeah. tcookson New
th_up re: green? -- Moreover, most of the rafting companies seem to have the ... davegg New
feedback Rafting is definitely a green industry snowwrestler New
note Industry vs activity LuvLu New
feedback I think if rafting can't be considered a "green" industry, I don't know what would qualify snowwrestler New
idea People abbeysway New
disagree Maritime Law? On rivers? What's next, bath tubs too? <NT> brzrkr26 New
feedback Maritime law covers river and you didn't know it?  Think of all the large rivers mudpuppy New
note Application of Maritime Law jon514d New
idea It may be a bad idea to consider them unnavigable. <NT> duckypaddler New
note navigability is based on being able to float a log down it in some places... tonyvarvoutis New
disagree This would almost have to get thrown out in a higher court, right? RUwet New
gack Sht!  I guess the state supreme ct. would be the highest one they could go to, wouldn't it? RUwet New
note Sounds like a media play... monkeywrencher New
note us supreme ct has bigger fish to fry cdd New
note Maritme law ought to only apply if rafting on the coast of WV. tcookson New
note Waivers have little bearing in a wrongfull death suit.   If there is any type of neglect mudpuppy New
th_up agreed jims New
note Steptoe is a longtime local judge wv1 New
note negligence waivers vary by state SwimmerBill New
note Baed on my limited understanding maritime law would benefit the raft company... monkeywrencher New
question What actually happened on the raft trip for this to happen??? <NT> dfinney New
note I'm fairly certain.. evojac New
note The original trip was on high water wv1 New
note the last ten commericial rafting deaths have been "heart attacks" DonVitoCorleone New
feedback The last ten commercial rafting deaths now appear to have been death by turbine... Wilko New
warning Not HIGH water (legally defined) condo New
note I don't want to judge them, the article says otherwise though DonVitoCorleone New
feedback The 4 other area outfitters wisely stayed off the river that day. wv1 New
disagree flow 36000 that day, AW high is about 5500 tickamyer New
note Potential fall out could be that of which happened to ski resorts.... tennpaddler New
note likely end result of case DonVitoCorleone New
feedback what about when raft guides intentionally hit hydraulics to flip the raft? decker New
note No say it ain't so, well all of mine were acidents your hornor. <NT> Louie New
note Well, fewer rafts for us to dodge Stifler New
note floatin undercuts develope your skills, feeds ya, and gives ya breedin opertuinties. <NT> Louie New
note bad facts lead to bad law... cdd New
feedback Sounds like the company is getting what it deserves. <NT> kirbyboater New
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