Henderson v. Quest Expeditions

Court of Appeals of Tennessee

174 S.W.3d 730 (Tenn. Ct. App. 2005)

The recreational sport of white-water rafting does not constitute an activity essential in nature that renders an exculpatory clause contained in a waiver and release of liability void as against the public policy of the state.

Relevant Facts

Nathan Henderson (the plaintiff) was injured while on a white-water rafting trip operated by Quest Expeditions, Inc. (the defendant). On the way back from the trip, the plaintiff and others rode two different shuttle buses to be taken back to their vehicles. The plaintiff slipped and fell and sustained severe injuries while disembarking from the bus. The plaintiff sued, alleging that the defendant was negligent and sought damages. The defendant conceded that the plaintiff had participated in the rafting trip. The defendant also argued that it was immune from liability due to a Waiver and Release of Liability form that the plaintiff signed. The plaintiff 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 the defendant. The plaintiffs appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 23, 2020

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Procedural History

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Citations

174 S.W.3d 730 (Tenn. Ct. App. 2005)