Henderson v. Quest Expeditions

174 S.W.3d 730 (2008)

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Nature of the Case

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Facts

P was injured while on a white-water rafting expedition operated by D. P sued D. P claims that D 'ferries rafters to and from the Ocoee River by means of a series of dilapidated school buses.', and that after P had completed his rafting trip, he and other rafters were put on a bus and then told to get on another bus, and when disembarking from the first bus he slipped and fell, sustaining severe personal injuries. D raised waiver as a defense because plaintiff had signed a 'Waiver and Release of Liability.' P admitted that the waiver in question had been signed. D then filed a Motion for Summary Judgment. The Trial Court determined that the waiver did not affect the public interest, and thus the waiver was not void as against public policy. The court granted summary judgment, and P appealed. P insists the Waiver is void against public policy, and in the alternative, that the Waiver was void on the grounds, it was too excessive in scope.