Murray v. Ramada Inns, Inc.

Gregory Murray dove into the shallow end of a Ramada Inn (defendant) pool in Louisiana and, on his third attempt, struck his head on the bottom, becoming instantly paralyzed and dying five months later; his wife and son (plaintiffs) sued Ramada for negligence, presenting evidence that no lifeguard was on duty and no warning sign against diving in the shallow end existed, though testimony also showed Murray knew the risks of diving in shallow water. The trial judge refused to instruct the jury on assumption of the risk, reasoning it had been replaced by comparative negligence, and the jury awarded the plaintiffs $250,000 each while finding Murray 50 percent at fault, reducing their recovery accordingly; Ramada appealed, and the court of appeals certified to the Louisiana Supreme Court the question of whether assumption of the risk still applied after Louisiana adopted comparative fault.